Terms of Use

This Terms of Use ("Agreement") is a legally binding contract between DotMeBaby  and you (Customer) that shall govern the purchase and use of the service(s) provided by DotMeBaby  to Customer.

By purchasing and/or using our services, you represent that you have read, understand, and agree to all terms and conditions set forth in this agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the State of California.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of DotMeBaby and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact DotMeBaby  to cancel your Services.

1. OWNERSHIP AND SERVICES PURCHASED

1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
2. 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.
3. 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

1. 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

1. 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

1. DotMeBaby will automatically bill your payment method on file. All fees are billed in United States Dollars (USD).
2. Your Billing Period is the period of time you have chosen to utilize services. For example, your Billing Period may be monthly or annually.
3. DotMeBaby is only able to automatically collect payment from customers with credit cards stored on file.
4. It is your responsibility to ensure that all billing information on file with DotMeBaby is accurate, and that the credit card on file has sufficient funds for processing.
   
5. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. 
6. 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

1. Any service unpaid to to failure of payment methods will be given a five day grace period.
   
2. DotMeBaby reserves the right to suspend or terminate Service(s) for non-payment.
3. DotMeBaby is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account.
4. 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

1. If DotMeBaby receives a chargeback or payment dispute from a credit card company or bank, 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.
2. 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

1. 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.
2. Either party may terminate this Agreement by providing notice to the other as provided herein.
3. You may cancel service by completing DotMeBaby's cancellation form or by emailing support@dotmebaby.com. To reduce the likelihood of error and ensure the security of your account, DotMeBaby does not accept cancellations via telephone.
4. Cancellations must be requested 48 hours or more prior to the Service's renewal date.

8. REFUNDS

1. DotMeBaby does not issue refunds for services purchased on our website with the following exceptions:
  - 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.

2. Charges incurred to user for the above can be reversed up to 15 days after the purchase date.

9. REFUSAL OF SERVICE

1. 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 Use in any manner may be removed from DotMeBaby's servers (or otherwise disabled), with or without notice.
2. 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.
3. 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, public posting, personal attacks or initiate a chargeback.
4. 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. SUPPORT POLICY

1. DotMeBaby's 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.
2. Telephone support is not an official method of DotMeBaby support. Staff will always do its best to provide fast, friendly, and helpful support over the phone, but no guarantee is made as to the availability, accessibility, or technical expertise provided via phone.
3. Inquires via telephone should be limited to general questions. Any issue requiring investigation, research, or access to an account/server should be sent via the ticketing system, to establish a timeline and support history.

11. BACKUP SERVICES

1. Backup services are 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.
2. If you ask DotMeBaby to restore a backup of your data that is located on a backup server maintained by DotMeBaby, charges may apply, depending on the extent of the service and data required to complete the request. By requesting that DotMeBaby restore a backup for you, you also confirm a backup restoration may overwrite any and all current data on your account. DotMeBaby cannot be held liable if a backup restoration does not complete successfully.
   

12. DOMAIN NAME REGISTRATIONS, TRANSFERS, AND RENEWALS

1. 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 five 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.
2. 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.
3. 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.

13. DEDICATED IP ADDRESS ALLOCATION

1. 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.

14. ACCEPTABLE USAGE POLICY

1. 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.
2. 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.

15.  LIMITATION OF LIABILITY

1. 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.
2. 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.

16. INDEMNIFICATION

1. 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.

17. GOVERNING LAW AND DISPUTES

1. 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.

18. PARTIAL INVALIDITY

1. 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.

19. CHANGES TO THE TERMS OF SERVICE

1. 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.

20. ASSIGNMENT

1. 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.

21. FORCE MAJEURE

1. 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.

22. NO WAIVER

1. 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.

23. NO AGENCY

1. 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.