Digital Design & Development By Dale Wallis: Terms & Conditions of Service

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Dale Wallis Digital Design & Development: Terms and Conditions

	In order to become a user of any Dale Wallis Digital Design & Development (herein referred to as DWDDD) service\s, you must agree to the following terms and conditions. Your agreement to these terms will be indicated to us by sending to us an application, or duly completed confirmation (if requested) or use of any DWDDD service\s, which ever occurs first.
	The following terms of business apply to any or all of the domain name registration, Web site hosting, email and Secure Web Page services to be provided by DWDDD to you from time to time (Services and individually Service). Server means the computer server equipment operated by us in connection with the provision of the Services. Web Site means the area on the Server allocated by DWDDD to you for use by you as a site on the Internet. Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted. This is an agreement between you and DWDDD regarding your use of DWDDD's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which DWDDD makes the services offered by DWDDD available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the "DWDDD" webhosting or similar services. Under this Agreement, you must comply with DWDDD's then current "Acceptable Use Policy," as updated from time to time by DWDDD, which can be viewed here.

1:	DWDDD will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal by fax or postal mail, with a minimum of 30 days notice prior to your renewal date. Phone or e-mail notification is not acceptable. If you do not provide this notice, your account will be renewed.

2:	DWDDD's services are 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. DWDDD expressly disclaims any representation or warranty that the DWDDD services will be error-free, secure or uninterrupted. No oral advice or written information given by DWDDD, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

3:	The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by DWDDD, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of DWDDD based upon the severity of the violation. DWDDD reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of DWDDD's then current Acceptable Use Policy, in the sole and absolute opinion of DWDDD. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless DWDDD from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by DWDDD, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

4:	DWDDD reserves the right to change, at any time, the prices charged to the Account Holder for the services provided by DWDDD.

5:	The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. DWDDD will not change passwords to any account without proof of identification, which is satisfactory to DWDDD, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that DWDDD will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will DWDDD be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless DWDDD from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

6:	The Account Holder agrees not to harm DWDDD, its reputation, computer systems, programming and/or other persons using DWDDD's services. DWDDD reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by DWDDD are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. DWDDD will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then DWDDD has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless DWDDD and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by DWDDD. The terms of this Section will survive any termination of this Agreement.

7:	The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of DWDDD.

8:	If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. DWDDD has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current DWDDD Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by DWDDD, DWDDD may terminate the services being provided to the Account Holder. NO SPAMMING! Spamming, sending unsolicited advertising to numerous email addresses or newsgroups and /or generating a significantly higher volume of outgoing email than a normal user, allowing spamming by third parties to promote a web site hosted by DWDDD , trolling, posting outrageous messages to generate numerous responses, mailbombing, subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, attempting without authorization to enter into a secured computer system, newsgroup flooding, forgery, account hacking, posting of defamatory, scandalous, or private information about a person without their consent,violating trademarks, copyrights, or other intellectual property rights, misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; resale of access to CGI scripts installed on DWDDD servers, or attempting to use a single customer account for third party web sites by allowing more than one domain to be used to reference pages within the customer's site. DWDDD reserves the right to determine what constitutes abuse.

9:	DWDDD will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall DWDDD be liable to the Account Holder for any damages resulting from or related to any failure or delay of DWDDD in providing access to the Internet under this Agreement. In no event shall DWDDD be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of DWDDD under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

10:	This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A DWDDD account may not be transferred without prior written approval from DWDDD. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the DWDDD services, including any damages resulting therefrom, until the Account Holder notifies DWDDD's customer service.

11:	If DWDDD assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the DWDDD services, the right to use that Internet Protocol address will remain with and belong only to DWDDD, and the Account Holder will have no right to use that Internet Protocol address except as allowed by DWDDD in its sole and absolute discretion.

12:	This Agreement constitutes the entire agreement between the Account Holder and DWDDD with respect to the DWDDD services and supersedes all prior agreements between the Account Holder and DWDDD. DWDDD's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

13:	The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable solicitors, attorney's, and or legal fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

14:	The Account Holder agrees to indemnify and hold DWDDD harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and DWDDD will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

15:	Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

	DWDDD reserves the right to make updates or amendments to this Terms & Conditions of Service agreement at any time. This document is current and in effect as of: 01-July-2007 The next review date of this document is: 01-Feb-2008 - Please check for any changes or amendments after this date.