Please read carefully
this legal and binding agreement between you, the Customer,
and DotState.com.
By using, installing or accessing the DotState.com
website, the Services and certain Products that are
offered, as our Customer you agree to all of the terms
and conditions of this agreement. If you do not agree
to these terms, the Acceptable Use Policy or any other
Terms and Conditions posted on the DotState.com web
site, all services will be discontinued, activation
of the account will cease and your account terminated.
END USER LICENSE AGREEMENT
SERVICE USAGE POLICY DotState does not allow
any of the following content to be stored in the web
hosting space (ftp space included) that you are provided
with. This applies to both free and paid hosting.
LICENSE GRANT. Subject to the provisions
contained herein and payment of applicable fees, DotState.com
hereby grants to you a non-exclusive, nontransferable,
license to use its accompanying proprietary software
application products offered on the DotState.com web
site ("Software",) for your own use. Such
Software is protected by the DotState.com laws of the
United States and international DotState.com
treaties.
RESTRICTED USE. All rights not expressly
granted herein are retained by DotState.com and its
licensors. Except as stated above, this Agreement does
not grant the Customer any intellectual property rights
in the Software. Customer shall not rent, lease, transfer
or sublicense the Software. Customer shall not under
any circumstances nor shall Customer permit a third
party to (i) decompile, disassemble, reverse engineer
or otherwise attempt to reconstruct or discover the
source code of the Software or (ii) prepare derivative
of the Software or (iii) remove any product identification,
DotState.com, trademark or other notice from the Software.
Any such copy made by you shall be subject to this Agreement
and shall contain all of DotState.com's notices regarding
DotState.com's, trademarks and other proprietary rights
as contained in the Software originally provided to
you.
TITLE. The Software's organization,
structure, sequence, logic, and source code are valuable
to the Company. Any and all title, ownership rights,
and intellectual property rights in and to the Software
and Documentation shall remain at any and all times
in DotState.com and/or its suppliers. Title, ownership
rights, and intellectual property rights in and to the
content accessed through the Software is the property
of the applicable content owner and may be protected
by applicable DotState.com or other law. This License
does not give Customer any rights to
such content.
LIMITED WARRANTY. DotState.com warrants
to the Customer, for a period of ninety (90) days from
the date of this agreement, installation of Software,
or use of services, whichever is earlier, that it will
replace any defective media on which the Software is
provided and that the Software, if not modified and
if properly installed and used, will substantially conform
to the material specifications set forth in the documentation,
Such warranties are for the Customer's benefit only
and are not transferable. DotState.com does not warrant
that the Software will operate error free or uninterrupted
or will meet your requirements. Except for the express
warranties stated in this section, the
Software are licensed "as is" and DotState.com
specifically excludes and disclaims all warranties of
merchantability, fitness for a particular purpose, statutory
noninfringement of third party intellectual property
rights and any warranty that may arise by reason of
trade usage, custom or course of dealing and Customer
hereby expressly waives any and all such warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL DotState.com OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER
COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN
EXCESS OF
DotState.com'S LIST PRICE FOR A LICENSE TO THE SOFTWARE
AND DOCUMENTATION, EYEN IF DotState.com SHALL HAVE BEEN
INFORMED OF TFE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
Illegal Material - This includes copyrighted
works, commercial audio, video, or music files, and
any material in violation of any Federal, State or Local
regulation.
Adult Material - Includes all pornography, erotic
images, or otherwise lewd or obscene content.
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing,
etc., and encrypting of any of the above. Also includes
any sites which provide "links to" or "how
to" information about such material.
Spam (unsolicited bulk e-mail) & Undesirable
E-mail Services - No spamming is allowed. We reserve
the right to cancel anyone spamming immediately and
without refund. We also reserve the right to cancel
without refund, anyone who causes our company to be
blocked by any e-mail service - this includes selling
bulk-emailing software and/or e-mailing lists. Spammers
will incur a minimum $100 service fee.
If you are found to be engaging in any of the above
activities then your account will be terminated without
warning and you will not be entitled to any refunds,
including the money back guarantee, that you would otherwise
have been entitled to on leaving/canceling your account
with us.
HIGH RESOURCE USER POLICY Resources are defined
as bandwidth and/or processor utilization.
DotState may at any given time implement the following
policy to its sole discretion:
When a website is found to be monopolizing the resources
available DotState reserves the right to suspend that
site immediately. This policy is only implemented in
extreme circumstances and is intended to prevent the
misuse of servers on which your site will be hosted
or any other servers with which your site is associated
with.
EXPORT CONTROLS. You may not download,
use or otherwise export the Software or any underlying
information or technology except in full compliance
with all United States and other applicable laws and
regulations. In particular, but without limitation,
none of the Software or underlying information or technology
may be downloaded, used or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, Haiti,
Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or
using the Software, you are agreeing to the foregoing
and you are representing and warranting that you are
not located in, under the control of, or a national
or resident of any such country or on any such list.
PAYMENT POLICIES All accounts are set up on
a prepay basis. Although DotState reserves the right
to change prices of accounts or services at any time,
all pricing is guaranteed for the period of prepayment.
For annual accounts, payment is due each anniversary
year of the date the account was established. Customers
will be expected to renew their account at the end of
their prepay period. The account will be automatically
charged for the next year unless a cancellation
form is submitted.
In situations where the account holder does not renew
his/her account (whether yearly or monthly) DotState
will suspend the service after three failed attempts
to retrieve the payment. To reactivate the account at
this point, there is a $5 reactivation fee plus the
monthly or yearly payment due. DotState does not guarantee
that suspended sites will remain intact on our servers.
In addition,DotState reserves the right to suspend other
services by the same customer with an outstanding balance,
until the outstanding debt is cleared. The customer
is responsible for all money owed on the account from
the time it was established to the time that the customer
submits a cancellation form.
No other method whether written
or verbal will be accepted for cancelling an account.
No bills or invoices will be sent by regular (postal)
mail. All invoices will be sent directly to customers
via email after the online purchase has been made. At
this point the customer's card will be charged automatically.
Money Back Guarantee The 30-day money-back guarantee
starts from the date of the purchase as reflected on
your pay receipt. The money-back guarantee only applies
to $4.99 p/month worth of the DotState Starter Hosting
Plan.
The money back guarantee does NOT apply to:
(i) Domain Name registrations (Domain names are like
property, once we have registered them for you, we can
not undo the registration hence we cant offer a refund
for them, this also applies to names registered incorrectly
as a result of your having made a mistake during the
signup process, so make sure you check the name you
have filled in before you proceed to make payment.)
and ;
(ii) Secure Servers Services (a) Search Engines Submissions
(b) E-Commerce Solution (c) Quick Shopping Cart (d)
Fax-via-Email (e) Virtual Dedicated Server (f) Dedicated
Server and (g) Web Designing Solution.
To receive money back according to our guarantee, the
customer must use contact form and must select cancellation
option. The cancellation form dates the day of cancellation
and if that date is within 30 days of the customer's
signup date, the money is refunded and a confirmation
of cancellation is sent.
CANCELLATION AND REFUNDS DotState reserves
the right to cancel services at any time. In this event
that this cancellation is not due to a violation of
the terms of service, customers will be entitled to
a pro rata refund based upon the remaining period of
membership. If a customer contravenes DotState service
usage policy and or our terms of agreement a refund
will only be issued at our discretion.
Customers may cancel their account at any time. However,
they MUST cancel using
contact form and must select cancellation
option. Any incentives or "promotional gifts"
offered to customers when opening the account will also
be cancelled. Customers may be given the option to purchase
services which were offered as start-up incentives in
the result of a cancellation.
Fees charged on a prepay basis are only refundable where
the money-back guarantee applies (see above).
TERMINATION. This Agreement is effective
until terminated. DotState.com may terminate this Agreement
immediately if Customer attempts to reverse engineer
the Software or otherwise violate any of the restrictive
uses as described herein. Otherwise, this Agreement
may be terminated by either party for a breach of any
of its material terms, provided the non-breaching party
provides to the breaching party 30 days written notice
describing such breach and offering the breaching party
an opportunity to cure. Failure to cure a material breach
within the notice period shall result in automatic termination
of this Agreement. Should this Agreement be terminated
for your material breach, Customer agrees to remove
all copies of the Software or any part of the Software
from any and all computer storage devices, and destroy
the Software and all Documentation. At DotState.com's
request, Customer or any of Customer's authorized signatory
on the account, shall certify in writing to DotState.com
that all complete and partial copies of the Software
and the Documentation have been destroyed and that none
remain in Customer's possession or under its control.
The provisions of this Agreement except for the Section
1, "License Grant," shall survive.
MISCELLANEOUS. This Agreement represents
the complete and exclusive statement of the agreements
concerning this license between the parties and supersedes
all prior agreements and representations between them.
It may be amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED
BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT
TO TIE TFRMS SET
FORTH HEREIN, AND DotState.com AGREES TO FURNISH TFE
SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND
NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision
of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the
extent necessary to make. It enforceable, and such decision
shall not affect the enforceability
(i) of such provision under other circumstances or
(ii) of the remaining provisions hereof under all circumstances.
Headings shall not be considered in interpreting this
Agreement. This Agreement shall be governed by and construed
under the law of DotState.com <state> as such
law applies to agreements between DotState.com <state>
residents entered into and to be performed entirely
within DotState.com <state>, except as governed
by Federal Law. This Agreement will not be governed
by the United Nations Convention of Contracts for the
International Sale of Goods, the application of which
is hereby expressly
excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject
to restrictions set forth in subparagraphs (a) through
(d) of the Commercial Computer-Restricted Rights clause
at FAR 52.227-19 when applicable, or in subparagraph
(c)(l)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013, and in similar
clauses in the NASA FAR Supplement. Contractor / manufacturer
is DotState.com. 79 Wentworth Way, Sanderstead, London,
NA CR2 9EZ
DISCLAIMER DotState.com will not be responsible
for any damages your business may suffer. DotState.com
makes no warranties of any kind, expressed or implied
for services we provide. DotState.com disclaims any
warranty or merchantability or fitness for a particular
purpose. The includes loss of data resulting from delays,
server malfunctions, missed backups, non-deliveries,
wrong delivery, and any and all service interruptions
caused by DotState`s proprietors and their employees.
DotState.com reserves the right to revise its policies
at any time.
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