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Detroit Online Terms of Use
Section B: Terms of Service for Dedicated, Managed and Leased Server clients.
Section C: Terms of Service for all clients
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Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Server plan. Detroit Online will be the sole arbiter of what is considered to be a high server usage level.
Personal Hosting Accounts
All Personal Hosting accounts come with a limit of 500 files per account. Each block of 500 files after will incur an additional charge of $4.99/month.
Small Medium Business Accounts
All Small/Medium Business accounts come with a limit of 5,000 files per account. Each block of 5,000 files after will incur an additional charge of $9.99/month.
VPS Accounts
All Small/Medium Business accounts come with a limit of 100,000 files per account. Each block of 100,000 files after will incur an additional charge of $19.99/month.
Any Personal, Small/Medium Business or VPS account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
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| Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Detroit Online's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Detroit Online server, and selling or distributing software (on a Web site residing on a Detroit Online server) that facilitates spamming. Violators will be assessed a minimum fine of $1,000 and will face immediate suspension. Detroit Online reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. |
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| Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Detroit Online does not permit CGI script sharing with domains not hosted by Detroit Online or any scripts that may be abused for UCE purposes. |
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Section C: Terms of Services for all clients
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Detroit Online's services include, but are not limited to:
- any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Detroit Online provides to customers);
- any use by customers, or any access provided to customers by Detroit Online, of computing, telecommunications, software, information, hardware, and equipment;
- any act, or provision of any service, by Detroit Online to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
- any provision by Detroit Online to customers, of any space, Internet connectivity, or electrical power;
- any access or use related to the Detroit Online's Web site, including the Web site itself;
- any other service mentioned in the TOU;
- any other service provided by Detroit Online to customers, whether used or not;
- any other Detroit Online services that are used by customers, whether offered or provided by Detroit Online to customers.
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| The legal owner of customers' Web sites and accounts with Detroit Online will be the individual or organization whose name is listed in Detroit Online's database as the owner. Customers will fully cooperate with and abide by any and all of Detroit Online's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Detroit Online. |
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Detroit Online servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Detroit Online services, all Detroit Online customers certify that they and/or the organization they represent in procuring services from Detroit Online are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
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Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Detroit Online's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Detroit Online server, and selling or distributing software (on a Web site residing on a Detroit Online server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Detroit Online reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
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Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
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Use of Detroit Online's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Detroit Online's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
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The use of Detroit Online's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Detroit Online is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
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Detroit Online is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Detroit Online urges its customers to assume that all of their on-line communications are insecure. Detroit Online cannot take any responsibility for the security of information transmitted over Detroit Online's facilities. Additional details on privacy and Detroit Online's use of customer information can be found in Detroit Online's Privacy Statement located here.
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Customers are required to use the Detroit Online network responsibly. This includes respecting the other customers of Detroit Online. Detroit Online reserves the right to suspend and/or cancel service with any customer who uses the Detroit Online network in such a way that adversely affects other Detroit Online customers. While Detroit Online may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Detroit Online does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Detroit Online becomes aware of any violation of the TOU or other user agreements, Detroit Online may take any action to stop or correct such violation, including, but not limited to, denying access to Detroit Online's services and equipment or to the Internet. In addition, Detroit Online may take action against a customer or a customer of such customer because of the activities of such customer. Detroit Online anticipates that customers who offer Internet services will cooperate with Detroit Online in any corrective or preventive action that Detroit Online deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Detroit Online policy and Detroit Online reserves the right to take any such action even though such action may affect other customers of the Detroit Online customer.
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The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Detroit Online will be the sole arbiter as to what constitutes a violation of the TOU. Detroit Online reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Detroit Online becomes aware of an alleged violation of its TOU, Detroit Online will initiate an investigation. During the investigation, Detroit Online may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Detroit Online may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Detroit Online will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Detroit Online does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Detroit Online.
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Detroit Online customers agree to protect, defend, hold harmless, and indemnify Detroit Online, any third party entity related to Detroit Online (including, without limitation, third party vendors), and Detroit Online's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Detroit Online, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Detroit Online's services.
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The Detroit Online service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Detroit Online expressly disclaims any representation or warranty that the Detroit Online service will be error-free, secure or uninterrupted. No oral advice or written information given by Detroit Online, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Detroit Online and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
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If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Detroit Online may immediately terminate provision of Detroit Online's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Detroit Online in such event.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Detroit Online (INCLUDING, WITHOUT LIMITATION, Detroit Online'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Detroit Online, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Detroit Online'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Detroit Online SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Detroit Online SERVICES EVEN IF Detroit Online HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Detroit Online'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Detroit Online'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Detroit Online OR Detroit Online'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
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Detroit Online may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Detroit Online's services. Certain changes to Detroit Online's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Detroit Online is not liable, for any and all such personalized applications and content, except as expressly agreed to by Detroit Online.
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Except where Detroit Online has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Detroit Online is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Detroit Online services.
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Detroit Online makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Detroit Online makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Detroit Online specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Detroit Online liable in any way for the revocation of any license, which has been licensed to Detroit Online. The use of the Technologies obtained from or through Detroit Online, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
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Any mention of non-Detroit Online products by Detroit Online, its employees, or any third party entity related to Detroit Online is for information purposes only and does not constitute an endorsement or recommendation by Detroit Online. Detroit Online disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Detroit Online products or services.
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Customers will not, without Detroit Online's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Detroit Online's Web site, and customers will not use any of Detroit Online's trademarks, service marks, copyrighted materials, or other intellectual property without Detroit Online's express written consent. Customers will not, in any way, misrepresent their relationship with Detroit Online, attempt to pass themselves off as Detroit Online, or claim that customers are Detroit Online.
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Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Detroit Online's services, either in whole or in part, without the prior written consent of Detroit Online.
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Detroit Online customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Detroit Online customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Detroit Online services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Detroit Online's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Detroit Online's services will be deemed null and void to the extent that Detroit Online will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Detroit Online's services.
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The TOU, and any other agreement for Detroit Online services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Detroit Online will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Detroit Online agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
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Detroit Online will not be liable for delays in its performance of the TOU or Detroit Online services caused by circumstances beyond Detroit Online's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Detroit Online will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Detroit Online services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Detroit Online.
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Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Detroit Online and its customers. Each of Detroit Online and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
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Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
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| The TOU, and/or any other specific agreement for Detroit Online services, constitutes the complete understanding and agreement between Detroit Online and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Detroit Online, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Detroit Online services is between Detroit Online and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Detroit Online. |
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