1. OWNERSHIP AND SERVICES PURCHASED
- The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
- The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased based on their description on the Service Description. DotMeBaby may modify the products and services it offers from time-to-time.
- Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.
2. TERM OF AGREEMENT
- This Agreement becomes effective immediately when Customer clicks “I Agree.” and remains effective and binding until the end of the billing term or if terminated by either party.
3. OBEYING THE LAW
- DotMeBaby is registered and located within the United States of America and we are required to comply with the laws and official policies of the United States of America, regardless of where the Services are provided. In addition, DotMeBaby will comply with appropriate laws and official policies set forth by the State of California.
4. PAYMENTS AND BILLING
- DotMeBaby will automatically bill your payment method on file. All fees are billed in United States Dollars (USD).
- Your Billing Period is the period of time you have chosen to utilize services. For example, your Billing Period may be monthly or annually.
- DotMeBaby is only able to automatically collect payment from customers with credit cards stored on file or active PayPal subscriptions.
- It is your responsibility to ensure that all billing information on file with DotMeBaby is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. DotMeBaby screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. DotMeBaby has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.
5. LATE PAYMENTS
- Any service unpaid to to failure of payment methods will be given a seven day grace period. DotMeBaby reserves the right to suspend or terminate Service(s) for non-payment.
- DotMeBaby is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, DotMeBaby reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
6. CHARGEBACKS, REVERSALS, AND RETRIEVALS
- If DotMeBaby receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to DotMeBaby by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact DotMeBaby's billing team to address any billing issues.
- If DotMeBaby appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to DotMeBaby by the credit card company or bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.
7. CANCELLATION OF SERVICES
- All charges for services purchased by you as specified by DotMeBaby remain in effect until such time a cancellation request is submitted specifying termination of said service.
- Either party may terminate this Agreement by providing notice to the other as provided herein.
- You may cancel service by completing DotMeBaby's cancellation form. To reduce the likelihood of error and ensure the security of your account, DotMeBaby does not accept cancellations via telephone or email.
- Cancellations must be requested via the form indicated above 48 hours or more prior to the Service's renewal date.
- If you pay DotMeBaby via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. DotMeBaby (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
- DotMeBaby does not issue refunds for services purchased on our website with the following exceptions:
- Charges incurred to user for the above can be reversed up to 15 days after the purchase date.
- The purchase was executed online due to user error.
- The purchase was executed online due to technical errors, such as browser issues.
- The purchase was duplicated, due to browser or technical issues.
9. REFUSAL OF SERVICE
- DotMeBaby reserves the right to refuse service to anyone at any time. Any material that, in DotMeBaby's judgment, is obscene, threatening, illegal, or violates DotMeBaby's terms of service in any manner may be removed from DotMeBaby's servers (or otherwise disabled), with or without notice.
- Similarly, DotMeBaby reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. DotMeBaby is not responsible for any damages or loss of data resulting from such suspension or termination.
- If any manner of communication with DotMeBaby's staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
- DotMeBaby happily accepts orders from outside the United States, but may limit accounts from certain countries with a high fraud rate. To help protect DotMeBaby and its customers from fraud, DotMeBaby may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
10. RESOURCE USAGE
- Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all DotMeBaby customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. DotMeBaby reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason. See Disk Space, Bandwidth, and Email Usage Definitions.
- Enforced resource limits for shared and reseller packages:
- 10% CPU Usage
- 5% Memory Usage or 512 MB Memory
- 50 Running Processes
- 15 Minute Max Execution Time
- 150,000 Total Inodes
- 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
11. BANDWIDTH USAGE
- You are allocated a monthly bandwidth allowance depending on the hosting package you purchase. See Disk Space, Bandwidth, and Email Usage Definitions.
- Should your account pass the allocated amount, DotMeBaby reserves the right to suspend the account until the start of the next allocation or until more bandwidth is purchased at an additional fee.
- Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts unless otherwise specified by a representative of DotMeBaby in writing.
- Like other resources, customers are expected to demonstrate responsible usage of bandwidth resources, so as to allow for reasonable performance by all DotMeBaby customers. DotMeBaby regularly monitors bandwidth usage and reserve the right to suspend, terminate, and/or limit (such as through port speed limiting) Services on any account, that at its sole discretion, is using an abnormally large amount of bandwidth. Such suspension, termination, or limitation can occur at any time without prior warning, and for any or no reason.
14. UPTIME GUARANTEE
- DotMeBaby guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If DotMeBaby fails to meet its Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
- Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be sent no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.
- For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th.
- The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer's ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. All credits are at the discretion of DotMeBaby, based on its investigation of any issue that is covered by this section.
- If DotMeBaby provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.
15. SUPPORT POLICY
- DotMeBaby will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is via DotMeBaby's ticketing system. Telephone support are not official methods of support and are governed by the terms and conditions set forth in the following clause.
- Limited support will be provided, at DotMeBaby's discretion and subject to availability of staff, via telephone. DotMeBaby will always do its best to provide fast, friendly, and helpful support over the telephone or live chat, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums.
- Inquires via telephone or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be sent via the help desk. DotMeBaby reserves the right to direct any issue to the help desk at its discretion and to refuse to provide support for such issues via telephone or live chat.
16. ADVANCED SUPPORT POLICY
- Support to Customer is limited to DotMeBaby's area of expertise and is available only for issues related to the physical functioning of the Services.
17. BACKUP SERVICES
- Your use of DotMeBaby's Services is at your sole risk. This service is provided to you as a courtesy. DotMeBaby is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on DotMeBaby's servers. Any and all backup services provided by DotMeBaby, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.
- Backups are performed on servers that house shared packages only. No backups are performed for virtual private server (VPS/VDS) or dedicated server packages, unless you specifically purchase an additional service for this purpose. If your hosting account exceeds 150,000 inodes, the account will not be included in DotMeBaby's automatic backup process.
- If you ask DotMeBaby to restore a backup of your data that is located on a backup server maintained by DotMeBaby, you agree to pay a non-refundable "restoration fee" of $10.00 per backup restored to complete the request. By requesting that DotMeBaby restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. DotMeBaby cannot be held liable if a backup restoration does not complete successfully. DotMeBaby will never charge a backup fee to restore a backup to address an error or omission caused by DotMeBaby.
18. DOMAIN NAME REGISTRATIONS, TRANSFERS, AND RENEWALS
- DotMeBaby will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is your responsibility to contact DotMeBaby within fifteen (15) days of the incident for DotMeBaby to investigate. Redemption fees may be charged to Customer for domains that remain expired for more than seven days, when no contact is made to DotMeBaby in the required timeframe. DotMeBaby's liability is limited to the amount paid for the domain name.
- For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into DotMeBaby. If you choose to utilize our transfer lock service, you agree to provide written authorization.
- For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy.
19. EXPIRED DOMAIN DELETION POLICY
- For a period of approximately thirty (30) days after expiration of the term of domain name registration services, you acknowledge that DotMeBaby may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that DotMeBaby may, but is not obligated to, offer this process, called the "reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that DotMeBaby, for any reason and in its sole discretion, may choose not to offer a reactivation period and that DotMeBaby shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which DotMeBaby may determine at its discretion.
20. IP ADDRESS ALLOCATION
- Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (“ARIN”). DotMeBaby reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
21. ACCEPTABLE USAGE POLICY
- You shall use DotMeBaby's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of California or the United States is prohibited. This includes, but is not limited to: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless DotMeBaby from any claims resulting from the use of the service which damages you or any other party.
- DotMeBaby reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether DotMeBaby is the appropriate service provider for you:
- Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
- Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
- CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
- DoS Source - Source of Denial of Service Attack
- DoS Target - Target of Denial of Service Attack
- File Scripts - File Dump/Mirror Scripts (similar to rapidshare)
- Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
- Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
- HYIP - Hosting or Linking to a High Yield Investment Program Website
- Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
- Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
- IRC - Internet Relay Chat Server, including IRC Scripts/Bots
- Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.
- PayDay Loan Sites - including any site related to PayDay loans, PayDay loan affiliate programs, etc.
- Pharmacy Sites - Sites that engage in the illegal distribution of prescription medications,
including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
- Phishing - Identity Theft by Email Under False Pretense
- Proxy Site - Hosting of or linking to an Anonymous Proxy Server
- Bulk Email - No more than 500 emails of similar content (Opt In)
- Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
- Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
- Spam Site - A Site Advertised by Spam Email or Spam Web
- Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
- Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
- Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
- Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
- Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
- Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials
- Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
- Any other material DotMeBaby judges to be threatening or obscene.
25. LIMITATION OF LIABILITY
- YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.
- UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DotMeBaby, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH DotMeBaby, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DotMeBaby RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF DotMeBaby HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, DotMeBaby'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- You agree to indemnify, defend and hold harmless DotMeBaby, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and 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) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of DotMeBaby's policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by DotMeBaby.
27. GOVERNING LAW AND DISPUTES
- This agreement shall be governed by the laws of the State of California, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state of California, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
28. PARTIAL INVALIDITY
- If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. DotMeBaby and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.
29. CHANGES TO THE TERMS OF SERVICE
- DotMeBaby reserves the right to modify this Agreement, in whole or in part, from time-to-time. DotMeBaby will provide you with notices of such a change by posting notice on your control panel. Unless DotMeBaby is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.
- This Agreement may be assigned by DotMeBaby. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
31. FORCE MAJEURE
- Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.
32. NO WAIVER
- No waiver of rights under this Agreement or any DotMeBaby policy, or agreement between Customer and DotMeBaby shall constitute a subsequent waiver of this or any other right under this Agreement.
33. NO AGENCY
- This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
- The following paragraphs shall survive the termination of this Agreement: 19, 25 through 28, and 34.