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Rules and Guide For Clients Hosted by Dependable Internet, L.L.C.
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The policies and guidelines expressed herein supplement the rights and
obligations of the parties (Dependable Internet, L.L.C and Client) under the Service
Agreement for hosting services. This record therefore establishes operating principles and
acceptable use policies as they relate to the Client's use of the Internet and the
connection/services which shall be provided by Dependable Internet, L.L.C. to the Client
under the Service Contract Agreement.
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Description of Service
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Dependable Internet, L.L.C. provides the Client with a virtual dedicated server that
is integrated into the Internet. Dependable Internet, L.L.C. provides its server as a gateway
from the server of various clients into the Internet, for which Dependable Internet, L.L.C. charges a fee.
After an account has been setup and any data has been uploaded to the site, Dependable Internet, L.L.C.then
retains judgment as to what refund if any is applicable in the event of a cancellation of service by the
Client.
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Usage of Service
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A. Legal Parameters: This service may be utilized for lawful purposes only,
and usage of service in connection with or adjunct to any matter or thing which therefore
violates any foreign, municipal, state, county or federal statute or regulation is
prohibited. Client therefore agrees to indemnify and hold harmless Dependable Internet, L.L.C.
from and against any and all claims,actions, causes of actions, administrative or government action, losses or damages
(including legal fees and expenses) arising from any illegal use by client.
B. Unilateral Service Revocation: In the event Dependable Internet, L.L.C., at
any time, believes the service is being utilized by the Client in contradiction of the terms and provisions of this contract, Dependable Internet, L.L.C. may, at its sole
discretion, immediately discontinue service to client, without liability apart from the refund of unearned prepaid service fees.
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No Warranties
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With respect to service to be provided hereunder, Client acknowledges Dependable
Internet, L.L.C. makes absolutely no warranties whatsoever, whether expressed or implied,
including warranty of merchantability or fitness of their service for a particular
purpose. As a result, Client agrees Dependable Internet, L.L.C. shall not be liable to Client
or any of its clients for any claims or damages which may be suffered by Client or its
clients. Including, but not limited to, losses/damages of any and every nature, resulting
from the loss of data, inability to access Internet, or inability to transmit/receive
information, caused by, or resulting from, delays, non deliveries, or service interruptions
whether or not caused by the fault or negligence of Dependable Internet, L.L.C.. Client
hereby agrees to indemnity and hold harmless Dependable Internet, L.L.C. from any and all
claims of whatever nature brought by any of client's clients against Dependable Internet, L.L.C..
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Use of Information
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The utilization of any data and/or information which shall be received by Client or any
of its clients from utilization of service which is to be provided by Dependable Internet, L.L.C. is at
Client and its client's sole and absolute risk. Dependable Internet, L.L.C. specifically disclaims and denies
any responsibility for the completeness, accuracy or quality of information obtained through services to be
provided hereby.
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Domain Name (If Needed)
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If Dependable Internet, L.L.C. acquires an Internet Domain Name on behalf of the client,
the Client in that case hereby waives any and all claims which it may have against Dependable Internet, L.L.C.
for any loss, damage, claim or expense arising out of, or in relation to, registration of such Domain Name in
any on-line or off-line network directories, membership lists or registration lists, or release of the
Domain Name from such directories or lists following the termination of services by Dependable Internet, L.L.C.
for any reason. Any additional costs to Dependable Internet, L.L.C. in obtaining or maintaining a domain name
for Client shall be immediately reimbursed to Dependable Internet, L.L.C. upon invoice from Dependable Internet, L.L.C.
to Client.
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Our Invoicing and Service Fees
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Client shall pay the initial fees as set forth below, prior to the initiation of
service. Thereafter, client shall be invoiced in advance for a minimum three (3) month period, at least
fifteen (15) days prior to expiration of the then current three (3) month period. Payment of the service
fee is due prior to the first day of said three (3) month period. In the event that Client fails to pay
for such services in advance of said three (3) month period, then Dependable Internet, L.L.C. will be
entitled to unilaterally terminate the agreement and discontinue the service of Client or applicable
account for which payment has not been received. The indemnification and limits of liability provisions of
paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder,
Dependable Internet, L.L.C. may, at its sole discretion, re-institute service, at which time all terms and
conditions of this contract shall continue in full force and effect. Any service disconnection or suspension
shall require a $50 re-connect fee. Initial service and set-up fees are as follows:
Additional fees, if applicable, will be billed at the end of each month, with payment
due within ten (10) days thereafter: These fees are applicable for additional: disk space,
data transfer, POP3/forwarding email accounts or mail list services.
Payment Plans
A copy of the payment plan will be made available to the Client upon request.
Additional Terms
All support inquiries must be initiated via email to:
support@dpnd.net. Dependable Internet, L.L.C. will make a diligent effort
to resolve any problem related to Dependable Internet, L.L.C.'s hardware or supporting software. Only after
email inquiries have failed, will Dependable Internet, L.L.C. provide support via telephone at (417) 832-8088.
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Cancellation of Service
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Any cancellation of services shall be submitted in writing via email to
billing@dpnd.net. Please be sure to include your user ID and
password with request for cancellation. Dependable Internet, L.L.C. will respond with a confirmation your
cancellation request has been received and processed.
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Scope of Authority of Client
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Client has no authority, apparent or otherwise, to contract for, or on behalf of
Dependable Internet, L.L.C., or in any other way legally bind Dependable Internet, L.L.C. in any fashion,
nor shall Client be authorized to make any representations about Dependable Internet, L.L.C. or its services
other than to reiterate to its clients Dependable Internet, L.L.C.'s responsibilities as outlined in
this agreement.
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Changes in Terms of Agreement
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Dependable Internet, L.L.C. reserves the right to make changes to above terms and
conditions of this agreement upon sixty (60) days written notice to client, advising of
change and effective date thereof. Changes in monthly service fees shall become effective
only at the end of any calendar quarter for which Client has prepaid for the respective
quarter. Utilization of the service by Client and/or its clients following the effective
date of such change shall constitute acceptance by Client of such change(s) in terms.
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Disputes
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A. Venue: Should any dispute arise under terms of
said contract, both parties agree that venue for resolution of said dispute shall be in the County or
Circuit Courts in and for Greene County, Missouri.
B. Attorney's Fees and Expenses: Should any legal
action be instituted to enforce terms and conditions of this agreement, the prevailing party shall be
entitled to recover reasonable attorney's fees and expenses incurred at both trial and appellate levels.
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Entire Agreement and Serviceability
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This instrument constitutes entire agreement between parties, and represents complete
and entire understanding of both parties with respect to subject matter stated in this agreement. This
instrument supersedes any other agreement or understanding between parties, whether written or oral.
In the event that any term or provision of this instrument is held by a court of competent jurisdiction
to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences,
shall remain in full force and effect.
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General Information on the Internet
The Internet is a voluntary group of users who are interested in and willing to exchange
information and data with other Internet users. At present there is no oversight group providing mediation over
principles, policies or procedures for use of the Internet or information and data accessed via the Internet.
In order to facilitate their contractual relationship the Client and Dependable Internet, L.L.C. wish to define a working
etiquette of principles and policies and establish operating guidelines and acceptable standards of use of the Internet.
To this end both parties agree as follows:
Principles Governing Acceptable use of the Internet by the Client
1. Responsibility and Respect - The Internet is a network intended for
use by mature, adult users. The Client recognizes this principle and undertakes at all
times to act with respect, courtesy and responsibility, giving due regard to the interests
and rights of other Internet user groups. This general standard carries with it the
following specific responsibilities:
a) Knowledge of the Internet - The Client agrees to obtain a fundamental
knowledge of the Internet and its operating procedures and principles.
b) Improper Uses - The Client will avoid infraction of certain generally
accepted guidelines on Internet usage such as: restrictions of mass mailings (SPAM mails)
and mass advertisements, pirating or copying of software, mail bombing or other methods of
attempting to deny service or access to other users, and attempts to violate security.
c) Compliance with Laws - The Client will ensure its use of the Internet
complies with all appropriate federal, state and local law and regulations, including but
not limited to those principles of law which protect against compromise of copyrights,
trade secrets, proprietary information and other intellectual property rights, libel or
defamation of character, invasion of privacy, tortuous interference, and export of
technical or military data to prohibited countries.
d) Validation of Information - The Client is responsible for validating
the integrity of the information and data it receives or transmits over the Internet.
e) Security - The Client is required to protect the security of its
Internet account and usage. The Client(s) password will be treated as private and
confidential and not disclosed to or shared with any third parties.
f) Discretion and Judgment - The Client is expected to use discretion in
the treatment and handling of Internet information and data and to take particular care to
insure that adult information is not transmitted to juvenile users of the Internet.
g) Pornography - Due to legal and social issues,
we will not accept any new clients who publish pornographic images. If an existing Client publishes
pornographic images, Dependable Internet, L.L.C.may issue a warning and/or suspend your account.
h) Excessive CPU usage - Clients will not be allowed to use excessive
amounts of CPU processing on any of our servers or face immediate suspension. For example:
1) a few clients have tried re-selling our counters or auto-responders to the rest of the
world which caused an excessive amount of requests on our server(s). 2) email bombs. 3)
re-selling CGI access to other 3rd parties.
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