You must agree to use our Services consistent with these Terms and Conditions
and with all applicable laws and regulations. We may modify these Terms
and Conditions and/or modify the prices, as well
as discontinue or change services offered. Please read these Terms
and Conditions carefully. Violations of these Terms and Conditions will result
in the Termination of our services. We may not notify you before we terminate our
service for violation of these Terms and Conditions. If we terminate our
service, reinstatement is at our sole discretion.
A. RULES FOR USING OUR SERVICES
1. YOUR RESPONSIBILITIES.
You must be at least 18 years old to register for Services. By
accepting this Agreement, you represent that you meet this age
requirement. Minors who use our Service are assumed to have parental or
guardian consent to do so.
You agree to provide DogLegs.Com with accurate and complete billing
information including your legal name, address, and phone number. All
changes to this information must be reported to us within 30 days of the
change.
By accepting this Agreement, you agree that you are responsible for all
charges posted to your account until you cancel the account in writing or email
which must match our contact email on record. You and any members of your
household are the only individuals who are authorized to access our
Services through your DogLegs.Com account. You must not permit anyone else
to access our Services through your account and must ensure that all
authorized users of your account comply with this Agreement.
You are responsible for
determining whether a call to one of our access numbers will result in
telephone toll charges. You may want to call your local operator "0"
to confirm whether your call is toll free.
You are responsible for maintaining the confidentiality of passwords used
by you or members of your household. Sharing your account and logon
information with others outside of your household is strictly prohibited
and will result in termination of your account.
You are responsible for all charges assessed as a result of use of your
account. Except for software provided
by DogLegs.Com, you are responsible for providing and maintaining all
equipment and other software necessary to access the Service. You are solely responsible for
the content of your email messages. You are not permitted to transmit
messages that (a) infringe on any third party's intellectual
property or proprietary rights, or rights of publicity or privacy; (b)
violate any law, statute, ordinance or regulation; (c) are defamatory,
trade libelous, threatening, abusive, pornographic or obscene; (d) contain
viruses or other similar harmful or deleterious programming routines; or
(e) contain links to any sites that include any of that kind of content.
DIAL-UP ACCOUNTS:
UNLIMITED SERVICE DOES NOT MEAN DEDICATED SERVICE. You
may stay connected as long as you are actively using the Internet (i.e.
browsing the web, email, transferring files, newsgroups, games, and
Internet chat sessions) and when finished you must log off the service. Continuous Use software, programs, or equipment
used to keep a connection live affects the quality of service for other customers
using our service and is strictly prohibited. Dedicated service shall be defined as an average of more than
15 channel hours a day, based on a 30 day calendar month usage report.
User may be blocked and forced to upgrade to continue service if their
unlimited account is used as a dedicated connection. If you require a 24/7 or
dedicated connection then we need to make other arrangements.
You are responsible
for keeping your own backup of email
and websites. We do not and
will not perform system backups on any User's E-mail account(s). We
shall not be held responsible for any lost E-mail data, email
attachments, or any E-mail message contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth herein, we
will not provide historical data, to any party for any reason, regarding
any system or Internet activity.
Although we do perform system backups on
hosting content, we shall not be held responsible for any lost web data,
web files, or any website contents, regardless of the reasoning for data
loss or system causes. Except
as otherwise set forth herein, We will not provide historical data, to
any party for any reason, regarding any system or Internet activity.
We do not perform backups on the mysql
databases. We shall not be held responsible for any lost data. User
should always keep their own backup of their database content.
2. FEES.
Setup or installation
fees are nonrefundable and DogLegs.Com does not issue pro rata refunds for
fees paid in advance. DogLegs.Com reserves the right to change prices and
institute new fees. We may change rates or institute new charges at any
time but will notify you at least 30 days prior to any changes.
A service charge of up to $20.00 will be assessed to your account for each check
that is returned to DogLegs.Com for insufficient funds.
Payments for all charges are due within 10 days of the month in which the
charges are incurred. If your account is delinquent, your account may be
suspended or canceled at our sole discretion. If your account is
suspended, regular charges continue to accrue until you cancel your
account. We may, at our sole discretion, charge a fee of up to $35 to
reinstate a suspended account.
Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month)
will accrue daily on any unpaid balance which is more than 30 days old.
You agree to pay all sales and use taxes, duties, or levies which are
required by law as well as all attorney and collection fees arising from
efforts to collect any unpaid balance on your account.
If you believe that DogLegs.Com has billed you in error, you must contact
the Customer Support Department within 60 days of the invoice or
transaction date of the charge. Refunds or adjustments will not be given
for any charges which are more than 60 days old.
3. CANCELING SERVICE.
You are responsible for all charges posted to your account until you cancel the account in writing or email
which must match our contact email on record. If you wish to discuss or cancel your with one
of our Member Representatives, please call 1-785-228-9998.
DogLegs.Com
Attn: Customer Support
P.O. Box 67057
Topeka, KS 66667
If you choose to write, please include your full name, address, phone number, account number and
the nature of your request.
Cancellation will take effect within 72 hours of receipt of your request.
We will send you written confirmation. If you cancel near the end of your
billing period, you may be inadvertently charged for the next month's fee.
In that event, contact our Billing at
1-785-228-9998 to have the charges reversed. No other refunds will be
provided.
All Setup, Installation,
and Shipping
Fees for all Services are nonrefundable.
Any equipment or hardware
sold to you by DogLegs.com including Satellite and DSL Equipment may be
returned within 30 days of your purchase for replacement or refund less a
15% restocking fee. Installation and
setup fees are Non Refundable AND equipment MUST be returned in good
working condition. Satellite Users... a $20 Connection Fee will
be assessed and deducted from your total refund amount if your account
shows over 5MB of Satellite usage. You are
responsible for any costs incurred for the removal and returning of
Satellite and DSL Equipment including any postal or shipping charges. Please
contact our office if you would like us to list your equipment on
consignment.
If our service is cancelled by you or by us, all e-mail, including any
attachments will automatically be deleted and we may, in our sole
discretion, recycle our e-mail address. DogLegs.Com reserves the right
to collect fees, surcharges or costs incurred before your cancellation
takes effect.
4. INDEMNIFICATION.
You agree to defend, indemnify and hold us, our
parents, subsidiaries, affiliates, officers and employees, harmless from
any claim, demand or damage, including reasonable attorneys' fees, caused
by or arising out of claims made against us based upon the use of your
service.
5. SPAMMING IS PROHIBITED.
We will determine in our sole discretion
whether any of the messages you send are spam. For your information,
spamming generally includes sending any form of email that can be
interpreted as junk email or bulk email that the recipient has not
specifically requested from you. We reserve the right to take legal and
technical remedies to prevent you from sending spam. If you send any spam
we may penalize you with a $200 fine per message,
terminate our service, and through any other
remedies we may have available to us.
We will not intentionally monitor or disclose any e-mail messages or
registration data unless we believe in good faith that we must do so (i)
to enforce these Terms and Conditions, (ii) because we are required to do
so by law, (iii) to defend us in any action or to protect our property.
Additionally, you agree to respect the privacy and confidentiality of
others.
You
shall ensure that use of DogLegs.com network services shall not
disrupt DogLegs.com associated networks or equipment forming part of the
systems. In instances in which an excessive amount of system resources are
utilized by a subscriber, DogLegs.com reserves the right to place CPU process
limits on the Customer's account to prevent disruption of service to other
customers. Customers shall not transmit any communication where the meaning of
the message, or its transmission or distribution, would violate any applicable
law or regulation or would likely be offensive to the recipient thereof. No
message may be mass distributed, "broadcast," or otherwise sent on an intrusive
basis to any DogLegs.com user or to any directly or indirectly attached network.
Use of DogLegs.com connection in a manner that is disruptive, damaging, unlawful,
offensive, or intrusive as determined by DogLegs.com
shall be considered a breach of this Policy and may result in cancellation
of service.
6 COPYRIGHT INFRINGEMENT.
Customer warrants that any material submitted for publication on
DogLegs.com network does not violate or infringe any copyright, trademark, patent, statutory common
law or proprietary interest of others or contain anything obscene or libelous.
DogLegs.com reserves the right to remove any and all materials which infringe on
copyright work. Such materials will be removed at any time upon receiving a
complaint and or notice of copyright infringement. If
DogLegs.com becomes aware of material that could be infringing on a third
party's copyright, it will initiate an investigation. To conduct an
investigation of copyright infringement, the Complainant must submit at least
two items. First, Complainant must submit a claim in writing with the applicable
copyright or trademark registration number and a copy of the underlying
copyrighted work along with the Customer's materials. Second, Complainant must
offer a good faith certification signed under penalty of perjury. This
certification must state that the work is the property of the Complainant, that
the work has been copied and that use of the work is not defensible. With this
information in-hand, DogLegs.com, at its discretion, may, at any time deny access
to the challenged material of Customer.
7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES
IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. WE MAY CHANGE THE FEATURES OR
FUNCTIONALITY OF OUR SERVICES AT ANY TIME, IN OUR SOLE DISCRETION. WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT
OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO
WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH OUR
SERVICE OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH OUR SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM
US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
8. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR INTERRUPTED
COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING FROM YOUR USE OF
DOGLEGS.COM, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO
YOUR MEMBERSHIP WITH DOGLEGS.COM. EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. Some States do not allow the limitation of
liability so the foregoing may not apply to you.
YOU ALSO AGREE THAT YOUR SOLE REMEDY UNDER THE TERMS AND CONDITIONS OF
THIS AGREEMENT IS CANCELLATION OF OUR SERVICES.... IN NO CASE SHALL
DOGLEGS.COM BE LIABLE FOR CONSEQUENTIAL DAMAGES
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