Legal Information |
 |
Service Terms & Conditions
Table of Contents
- General
- Services
- Web Hosting
- Definition of Unlimited Usage
- Domain Forward
- Doteasy Hosted Applications
- Domain Registration
- Transfer Hosting
- Service Fees
- Payment / Invoices
- Term / Termination
- Member Responsibility
- Prohibited Conduct
- Notices
- Privacy
- Reservation of Rights
- Limitation of Liability
- Indemnification
- Force Majeure
- Unenforceable Provisions
- Governing Law
- Age of Majority
- Waiver
- Entire Agreement
1. General
This Agreement explains the terms and conditions governing your use of the services made available to you by Doteasy Technology Inc., hereinafter called "Doteasy" or "We". It represents the whole agreement and understanding between Doteasy and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Doteasy may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that Doteasy believes is harmful to the business of Doteasy or the use of the Service by others or is harmful to any other party.
Doteasy reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://www.doteasy.com/Terms/index.cfm?T=TAC. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
2. Services
Doteasy provides domain name registration/renewal/transfer, website hosting and email hosting services.
Access to the web and email server space is terminated upon expiry of the "Service".
Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason.
3. Web Hosting
Basic Hosting includes the use of 100 megabytes (MB) of storage space on our web server and 1000MB of monthly account data transfer limit; up to 10 email accounts with 100MB of combined total email storage. Basic Hosting is included free, for the duration of their domain registration or renewal term, to clients who have purchased domain registration or renewal services from Doteasy and are not using other paid hosting plans. Basic Hosting is also available for an annual fee to all other customers.
In additional to basic web hosting services, Doteasy also offers optional paid hosting plans such as the Ultra Hosting plan and the Unlimited Hosting plan.
All Doteasy web hosting accounts display a "Coming Soon" web page by default when activated. This page informs visitors that the Member has recently setup their account with Doteasy. The "Coming Soon" default index web page may be removed by the Member at any time once they have access to the web server. The "Coming Soon" web page may include such things as, without limitation (i) links to additional products and services offered by Doteasy, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.
All page error requests (such as 403 errors or 404 errors) direct traffic to a default Doteasy error page. This page informs visitors that the page they are looking for cannot be found and it may include such things as, without limitation (i) links to additional products and services offered by Doteasy, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.
4. Email
Doteasy's email service provides customers with the capability to send and receive email via the Internet. The Basic Hosting service includes the ability to create up to 10 email accounts with 100MB of combined email storage space. Doteasy retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.
As owner and/or operator of the equipment and other resources utilized to provide services, Doteasy has the legal right to block electronic communications from other entities on the Internet.
Doteasy relies on the support of its sponsors and advertisers to help offset the cost of Services offered to Members. You acknowledge that as part of your Doteasy service, advertisement sponsored email newsletters may be sent to Members and Doteasy email service email accounts.
All outgoing email messages being sent from Doteasy servers may carry an email footer "Trailer Message" which may identify Doteasy as your service provider as well as promote services offered by Doteasy or services offered by third parties.
5. Definition of Unlimited Usage
What "Unlimited" means. Doteasy does not set an arbitrary limit on the amount of resources an account can use. The Doteasy Unlimited Hosting Plan is designed to serve the web hosting needs of small to medium, independently owned and operated businesses and/or personal websites. For these customers, the Doteasy Unlimited Hosting plan is unlimited.
What "Unlimited" DOES NOT mean. The accounts are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store: backups, archiving of electronic files or emails, documents, log files, etc. or used as media file streaming/sharing hub.
Reselling any of the “Unlimited” accounts’ resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended with or without notice. Reselling of account resources is permitted only if you are using a Reseller Hosting Plan, a Virtual Private Server (VPS) or Dedicated Server.
Doteasy "Unlimited" services are provisioned in a shared hosting environment; Any account found to be adversely affect the performance of other customers’ accounts by excessively using network bandwidth, server storage, memory and CPU resources, will be flagged by Doteasy administrators and anti-abuse controls. Clients will then be asked to consider a Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.
6. Domain Forward
Domain Forward provides the capability to re-direct visitors from a Doteasy hosted website to another website or URL (uniform resource locator) location "Forward Destination" via HTML meta tag function.
Domain Forward is a free feature available to customers using Doteasy Web Hosting services.
You acknowledge and agree that your use of Domain Forward is subject to the terms of this Agreement. You further acknowledge and agree that you may use Domain Forward to link your domain name to a Forward Destination, but you may not use Domain Forward for unlawful purposes, in violation of any applicable laws or regulations, in violation of Doteasy rules or policies, or for the forwarding of a domain name not registered in your name, or the forwarding to an invalid Forward Destination.
7. Doteasy Hosted Applications
As part of the Service, Doteasy may provide its Members with access to the Doteasy Hosted Applications for all customers using Web Hosting services. The Doteasy Hosted Applications include, but are not limited to, the following:
- Doteasy Web Tools
- Doteasy Hosted Blog
- Doteasy Hosted Forum
- Doteasy Hosted Gallery
- Doteasy Hosted WebForm
- Doteasy Website Creator
Member shall abide by all terms and conditions of the Agreement and the Doteasy Hosted Applications Policy, which is hereby incorporated by reference, in utilizing the Doteasy Hosted Applications. Please see the Doteasy Hosted Applications Policy for more information.
The Doteasy Hosted Applications is developed and owned by Doteasy, and any reproduction, modification, creation of derivative works from or redistribution of the Software is prohibited.
Doteasy reserves the right to monitor, modify or disable any published or in-use Doteasy Hosted Applications, without any notice. Doteasy may request Member to re-publish any published or in-use Doteasy Hosted Applications as part of Doteasy's regular application maintenance routine.
Doteasy reserves the right to modify or terminate the Doteasy Hosted Applications at any time for any reason, and without notice, without liability to you, the users or the application(s) or any third party.
8. Domain Registration
Doteasy offers domain registration and renewal services in partnership with ICANN accredited registrars In2net Network Inc, Tucows and Network Solutions. Doteasy processes registration and renewal services through these respective registrars at its discretion.
You agree that you may not transfer the domain name registration to another domain name registrar during the first sixty (60) days from the effective date of the initial domain name registration with Doteasy. You also agree that you may not transfer the domain name registration to another domain name registrar for a period of sixty (60) days following any successful transfer of the domain name or successful renewal of the domain name, and Doteasy is authorized to deny any request for such a transfer. In addition, you agree that you may not transfer your domain name registration to another domain name registrar for sixty (60) days after there has been a change in your Account Organization Contact or Administrative Contact information or WHOIS information for the domain name.
You agree that Doteasy may, but are not obligated to, place your domain name registration in a Domain Lock status to prevent unauthorized transfers of your domain name registration. If you would like to transfer your name to another registrar while it is in Domain Lock status, you must first unlock your domain name by accessing your member panel or contacting Doteasy customer service.
In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries. Domain Registration Agreements can be found on the website of our domain registration service provider In2net Network Inc. at: http://www.in2net.com/Legal/DRA/
9. Transfer Hosting
Effective January 22, 2009, the Transfer Hosting Fee, Transfer Fee Waiver and Hosting Continuation Fee are discontinued. The $0 Hosting plan is replaced with the Basic Hosting plan and this service remains free for all customers who have domain registration or domain renewal services with Doteasy. For customers without domain registration or renewal with Doteasy, who wish to use Basic Hosting services, annual fee applies.
Customers who have already paid the Transfer Hosting Fee or has had the fee waived are exempted from Basic Hosting fee for as long as they continue to own the domain name.
When registering for a Transfer Hosting Account, you will be offered a chance to transfer your domain name registration to Doteasy. If you selected to transfer your domain name registration to Doteasy, your Basic Hosting service plan will be free for the first 30-days while waiting for the domain name transfer from your existing domain registrar to Doteasy to complete. If domain name registration transfer is not complete after 30-days, you will be charged for the Basic Hosting service fee of US$1.95/month, on a 12-month billing term.
10. Service Fees
All Doteasy fees and charges are quoted and billed in US dollars unless otherwise noted.
Members have the option to pay services fees in Canadian or US dollars. If Canadian dollar billing currency is selected, Member will be charged the Canadian dollar equivalent of the US total at an exchange rate of 1.35:1 (as of Nov 1, 2008) "Exchange Rate". The Exchange Rate is subject to change from time to time and the most current exchange rate can always be found on the Doteasy website at: http://www.doteasy.com/Services/Exchange
Due to limitations of American Express Canada, Members using the American Express card for payment will be charged the Canadian dollar equivalent of the US total calculated at the Exchange Rate regardless of their selected billing currency.
Hosting services provided to Canadian Members (where a Canadian Member address is listed) are subject to GST (Goods and Services Tax). Hosting services provided to BC Members (where a BC Member address is listed) are also subject to PST (Provincial Sales Tax). .CA domain name registrations and renewals are subject to GST.
Service Fees are due at the time of order or on the day of renewal. All fees must be paid in full.
If payment cannot be processed for new domain registration or optional feature upgrade requests, Members will have the opportunity to update payment information. The request will be declined if payment cannot be successfully processed in 72 hours.
If payment cannot be processed for optional feature renewal, Members will have the opportunity to update payment information. The account will be suspended if payment cannot be successfully processed in 72 hours. Re-activation service charges will apply (see below).
Members using optional feature who upgrade their hosting services will have the pro-rated value of their prepaid fees credited towards the new service fees.
Members using the free Basic Hosting service but no longer qualify due to no active domain name registration with Doteasy are subject to Mandatory Hosting Upgrades to Basic Hosting at US$1.95/month, on a 12-month billing term, backdated to when domain name expired.
Current service charges include the following (non-exclusive list):
Doteasy reserves the right to modify service fees and rates effective upon posting on the Doteasy website and/or on this Agreement.
| Account re-activation fee | $15.00 |
| Late payment charge | $15.00 |
| Plan change (downgrade) fee | $15.00 |
| Chargeback service charge | $25.00 |
| SPAM re-activation fee | $25.00 |
11. Payment / Invoices
Doteasy uses an automated payment processing system and only accepts credit card payment at this time. All Members are required to provide Doteasy with valid a credit card number for processing of any applicable Service Fees.
Doteasy may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Invoices for all Doteasy services can be found in the Member Zone control panel located at https://member.doteasy.com/.
Billing inquiries and disputes should be brought to Doteasy attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that invoice and charges are accurate.
If chargeback or charge dispute notices are received for your account(s), any Services provided to you may be immediately suspended pending investigation and are subject to chargeback service charges.
Furthermore, if chargeback or charge dispute notices are received for a domain registration fee or domain renewal fee payment, Doteasy retains the right to take over the ownership of the corresponding domain name until the chargeback or dispute issue has been resolved.
12. Term / Termination
Doteasy offers Members domain name registration/renewal/transfer, website hosting and email hosting services for the duration of the services period purchased from Doteasy.
Optional Feature(s) or paid hosting plan(s) are paid services with 6 months term unless noted otherwise. Renewal notices will be sent to you approximately 2 weeks prior to service expiry. In the absence of cancellation notification from you, the Service will be renewed for a successive term.
You may request to cancel your Doteasy hosting account(s) at any time without any fees or obligations. Domain registrations purchased through Doteasy cannot be cancelled. Domains will remain active until the end of the registration term.
Domain names which have opted in to the automatic domain renewal service will be automatically renewed for the minimum term available for that domain type at the normal renewal rate five (5) days prior to domain registration expiry date. You will be solely responsible for all renewal costs and for any other costs in doing so. Members may choose to opt in or out of the automatic domain renewal service in the Doteasy Member Zone control panel located at:
Your Service may be terminated by Doteasy under the following circumstances (non-exclusive list):
- fees non-payment over 30 days from due date
- you are in breach of any term or condition of this Agreement
- your use of the Service disrupts Doteasy business operations or affects any other party
In such termination(s) all Member Services are removed from Doteasy servers including data contents.
13. Member Responsibility
When you apply to use Doteasy services, you will be asked to select a Member ID and password. The Member ID and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and password you select from any unauthorized use. IN NO EVENT WILL DOTEASY BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER ID OR PASSWORD.
You are responsible for maintaining accurate account information at all times including credit card and contact information. Such information can be updated in the Doteasy Member Zone control panel located at:
14. Prohibited Conduct
Doteasy does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Member engaging in the sending of Spam through the Doteasy network or promoting information on websites hosted by Doteasy will be considered in breach of this Agreement and Suspended from the Service immediately.
Your use of the Service must be in compliance with Canadian and US laws and laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.
The following is a non-exclusive list of content and behavior prohibited by the Service:
- Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Doteasy account will result in immediate account suspension.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Doteasy service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).
15. Notices
You agree that, unless other instructions are posted on Doteasy's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by United Parcel Service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Doteasy posted on the Doteasy website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
16. Privacy
The Doteasy Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting of the modified Agreement to this URL: http://www.doteasy.com/Terms/index.cfm?T=PP.
Email newsletters will only be sent directly from Doteasy and Member information is not disclosed or sold to any third parties.
17. Reservation of Rights
Doteasy reserves the right and sole discretion to:
- Censor any website hosted on its servers that is deemed inappropriate;
- Review any accout for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels;
- Terminate an account for non-payment of Web Hosting fees or providing fraudulent account information or fraudulent payment information;
- Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Doteasy or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
- Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar distructive activities; and other activities whether lawful or unlawful that Doteasy determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
- Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical resons or to maintain network equiment or facilities.
18. Limitation of Liability
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. Doteasy makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Doteasy is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Doteasy.
For greater certainty and without limitation to the generality of the following:
- in no event will Doteasy be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
- Doteasy, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
- in no event shall Doteasy be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
19. Indemnification
You agree to indemnify and hold Doteasy harmless from and against, and to reimburse Doteasy with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Doteasy by reason of or arising out of or in connection with:
- any breach of this Agreement by you or;
- any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or;
- illegal, pornographic, or discriminatory content on your website.
20. Force Majeure
Doteasy will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
21. Unenforceable Provisions
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
22. Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
23. Age of Majority
Doteasy does not accept agreements and payments from persons under the legal age of 19 years. By submitting your account application, you confirm that you are over 19 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
24. Waiver
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
25. Entire Agreement
These Terms and Conditions, as may be updated from time to time and posted at, http://www.doteasy.com/Terms/index.cfm?T=TAC, represent the complete agreement and understanding between us with respect to the Service and supercedes any other written or oral agreement.