By Participating in this program owned by Duet Hosting, you agree to all terms outlined below:
Latest update to these terms 3/28/2005
SPAMMING IS NOT PERMITTED
Do not advertise or put our link on any site that is promoted in any way related to unsolicited email, ICQ or IRC spams, or newsgroup postings. Opt-in email newsletters require pre-approval. If we receive spam complaints, your link will be disabled, your account will be immediately terminated, and we will take LEGAL ACTION against you. Please be aware, MRG lists is not acceptable, as well as, any other program that hides the sender email address. We terminate sites without notification when any of these types of programs are discovered.
BULK E-MAIL
We also monitor "Bulk E-mail". While cpanel has a mailing list program installed, any mailing over 2500 messages must be pre-approved. In addition, any site sending over 5000 messages per month will be considered "Bulk". Bulk e-mail ties up the mail queue and delays messages for other users. Therefore, we must limit the amount of use on any shared server. There are some arrangements that can be made to accomodate a user with a large list which includes extra fees and special mail scheduling software. Please be aware that posting to Free for All web pages could generate "bulk email" from autoresponders of the FFA list users you have posted to. We may need to take action if these autoresponders are spamming the server and causing the mail queue too many delays.
ALLOWED SITES
Your site must be legal in representation and abide by all laws within the United States of America.
Although we do not monitor the content of all sites all of the time, we will not host websites that have pornographic, warez, extremely offensive, or illegal content, or link to websites that have illegal content.
The website cannot attempt to download any virus or malicious or annoying files when opened. IRC bots, programs, or networks of anykind are not allowed. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, services.
Websites with processes that consume or take the server load to an unmanageable level will have that process terminated immediately. Accounts granted SSH access that are found to have processes running in this same manner will have SSH access deactivated for a minimum of 6 months.
THE PROGRAM'S RIGHTS
We reserve the right, at our request, to see all referring pages and servers logs if neccessary. If illegal content is discovered, upon request, we will turn over all site related documents, files and logs to the proper authorities. We reserve the right to terminate webmasters without payment who make derogitory comments about the program or employees of Duet Hosting We reserve the right to suspend or terminate at will for non-payment. Sites suspended for non-payment wishing to become unsuspended, may be required to pay for an entire year in advance to leave suspended status and must pay a $10.00 re-activation fee, per incident. In addition, all back monies due, must be collected before activation.
ANNUAL HOSTING PACKAGES
Annual Hosting- Duet Hosting hosting plans are set to give our users the most useful tools available to manage the accounts. Standard set up is for monthly pay plans.
Hosting plans that are paid annually are heavily discounted. The discounts warrant Duet Hosting to require a 12 month term agreement to cover the discounted annually hosting fees. When a discounted annual hosting plan is ordered, the user agrees to a term of 12 months of hosting with the Duet Hosting Web Hosting Network.
NETWORK FAILURES AND ACTS OF GOD
The program shall not be responsible for any delay or failure to perform due to internet and equipment failures and/or other acts outside of our reasonable control.
TERMINATION
We take these terms very seriously. An account is found to be violating one or more of the above terms will be terminated without payment or
notification.
INDEMNIFICATION:
You shall indemnify, defend and hold Duet Hosting and its affiliates harmless from and against any damage, loss, expense (including reasonable attorney's fees and costs related to litigation) or penalty or any claim or action therefore, by or on behalf of any person, arising out of: (a) any material on the your Web Site as linked through Duet Hosting, including without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity or from any and all similar claims now known or hereafter devised; (b) a breach by you of a warranty under this Agreement; (c) any negligence or willful misconduct by you.
NO WARRANTIES.
Duet Hosting PROVIDES ALL MATERIALS AND THE SERVICES TO YOU AND ITS SUBSCRIBERS "AS IS." Duet Hosting MAKES NO OTHER WARRANTIES AND Duet Hosting DISCLAIMS ALL WARRANTES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Duet Hosting Inc. DOES NOT WARRANT THAT THE SERVICES OR SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR FREE, NOR DOES Duet Hosting MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR THE SIGN-UP PAGE.
LIMITATION OF LIABILITY.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A WARRANTY, EXCLUSIVE OF SUCH SPECIFICALLY DESCRIBED HEREIN. Duet Hosting Inc.'s MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, WILL BE LIMITED TO THE RECOVERY OF ACTUAL DAMAGES UP TO THE TOTAL AMOUNT OF $500. IN ADDITION, Duet Hosting SHALL NOT BE LIABLE TO YOU FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Duet Hosting MAY SEEK INJUNCTIVE RELIEF TO PREVENT YOU FROM DISSEMINATING Duet Hosting's CONFIDENTIAL INFORMATION OR FROM UNAUTHORIZED USE OF Duet Hosting's TRADE NAME OR TRADEMARKS.
GENERAL TERMS AND CONDITIONS.
14.1. Notice, Governing Law, Force Majeure, Waiver, Entire Agreement. Any notice which either Party may desire to give the other Party must be in writing and delivered, by mail or facsimile to the relevant Party at the address of such Party as set forth in this Agreement or such other address as the Parties may hereinafter designate. This Agreement shall be construed and enforced in accordance with the laws of the State of Ohio, except that body of law concerning conflicts of law. Duet Hosting shall not be liable to you for any delay or failure to perform which results from causes outside its reasonable control. A judicial determination that any provision of this Agreement is invalid in whole or in part shall not affect the enforceability of those provisions found to be valid. If Duet Hosting fails to require performance of any duty hereunder by you, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by Duet Hosting of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein. This Agreement, including any supplements, modifications or amendments hereto, and the E-Mail, including any supplements, modifications or amendments thereto, shall constitute the entire agreement between the Parties regarding its subject matter. This Agreement supersedes any and all previous proposals, representations or statements, oral or written. Except as otherwise stated in this Agreement, any modifications to this Agreement must be in writing and signed by authorized representatives of both Parties.
14.2. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective representatives, successors and permitted assigns. This Agreement shall not be assignable by you, without the express written consent of Duet Hosting, including to an entity in which it has merged or which has otherwise succeeded to all or substantially all of your business and assets to which this Agreement pertains and which has assumed in writing or by operation of law its obligations under this Agreement. Any attempted assignment in violation of this provision will be void.
14.3. Attorneys Fees. In the event there is any dispute concerning the terms of this Agreement or the performance of any Party hereto pursuant to the terms of this Agreement, and any Party hereto retains counsel for the purpose of enforcing any of the provisions of this Agreement or asserting the terms of this Agreement in defense of any suit filed against said Party, the successful or prevailing Party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding from the other parties, in addition to any other relief to which it may be entitled.
14.4. Counterparts. This Agreement may be sent via facsimile and executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Termination
Duet Hosting may terminate the Program at any time with notice sent to the email address designated in your account information. You will have thirty (30) days from the date this notice is sent to redeem the commissions in your account. Duet Hosting will not be responsible for notice failures caused by an error in your email program, an inaccurate email address provided by you, your failure to check your email, or your failure to inform Duet Hosting Inc. of a change in your email address.
Duet Hosting may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check this Terms and Conditions page regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.
You understand and agree that Duet Hosting shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of commissions) shall be final and binding.