We provide our Services to you on the following Terms and Conditions.
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. Only a DogLegs officer may alter this Terms and Conditions. No agent of, or person employed by, or under contract with, DogLegs has any authority to alter or vary this Terms and Conditions. No oral explanation or oral information given by any party shall alter the interpretation of this Terms and Conditions.
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 must not permit anyone else access to our Services through your account without notifying us in writing or email that they are to be listed as an authorized user of your account. You must ensure that all authorized users of your account comply with this Agreement.
You are responsible for maintaining the confidentiality of passwords used by you or your authorized users. Sharing your account and logon information with others outside of your authorized users 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 Internet and Mobile 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.
Please Note: Within the SMS industry, the FCC's regulations and guidelines are continuously changing. It is Illegal to SPAM and or market towards Student Loans, Marijuana, VAPE, Alcohol and the Adult Industry. FINES are hefty! While we may provide assistance, it is your obligation to monitor your messaging and be aware of the latest FCC regulations and guidelines.
Although we do perform system backups, we shall not be held responsible for any lost Internet or Mobile data, files, or content, regardless of the reasoning for data loss or system causes.
We will use good faith efforts to backup data stored on the shared Services once a day (Shared Backups). Shared Backups are intended for internal use only and we cannot guarantee that a Shared Backup will be available for restore upon your request. It is your responsibility to backup data of all your content in order to prevent potential data loss.
Backup Services are provided "as-is.". Even if you purchase Backup Services, you agree that you will maintain your own set of backups independent of those we maintain.
If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase Backup Services from us, our only obligation is to restore your account to its operating condition. While we may provide assistance, it is your obligation to restore your data.
We may determine that certain file extensions are not suitable for backup and exclude them from the backup. Examples include, but are not limited to, music, movies and/or archives. It is your obligation to verify whether particular files will be, or have been, backed up.
You are responsible for keeping your own backup of Internet, E-mail, and Mobile files. We shall not be held responsible for any lost data, attachments, or content, regardless of the reasoning for data loss or system causes.
The Services are provided on as-is basis. The hardware configurations may vary. DogLegs may replace your hardware, transfer it from one datacenter to another, transfer your account to another server or modify certain software configurations when deemed necessary by DogLegs. These differing configurations may result in slightly different performance from the Services.
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.
Attn: Customer Support
P.O. Box 67462
Topeka, KS 66667
If you choose to write, please include your full name, address, phone number, account number and the nature of your request.
To avoid additional charges for the next billing cycle requires at least a 48 Hour cancellation notice prior to the end of your current billing cycle. All Setup, Installation, and Shipping Fees for all Services are nonrefundable. Any equipment or hardware sold to you by DogLegs.com 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.
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 early termination fees, processing fees, surcharges or costs incurred before your cancellation takes effect. No other refunds will be provided.
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 resources are utilized by a subscriber, DogLegs.com reserves the right to place resource 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