Terms & Conditions
PLEASE READ THIS AGREEMENT BEFORE ORDERING SERVICES. BY ORDERING SERVICES YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THIS AGREEMENT, AND ARE AWARE OF OUR FEE STRUCTURE AND TERMS OF SERVICE.
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Cyberdog Internet Services shall have the right to terminate all service set forth in this Agreement.
1. Acceptable Use Policies
1. SPECIFIC ACCEPTABLE USE POLICIES. Unauthorized use of other people's accounts or computers Cyberdog Internet Services will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc. Any unauthorized use of accounts or computers by a Cyberdog Internet Services customer, whether or not the attacked account or computer belongs to Cyberdog Internet Services, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack. Commercial advertisements with e-mail. In addition sites hosting, trafficking, or otherwise containing including (but not limited to) following are strictly prohibited:
- Virus, Spy Ware or otherwise Malicious Software or Code
- Hate Sites
- Hosting or Trafficking Warez, Copywriten Material, or otherwise illegal material
- Illegal Content
- Phishing Websites
- Hacking & Illegal "Mod" Sites
2. EXTENDED ACCEPTABLE USE POLICY.
Like any other company, Cyberdog Internet Services must have it's own Acceptable Use Policy ("AUP") so that everything is clearly defined and stated before you embark on your journey with us. All users must Agree with this AUP before any service is set-up, thus why you must read and agree to it here in the middle of the ordering process. Completion of this order constitutes acceptance and agreement with the AUP. Unlike other companies, we will try to keep this AUP short and readable.
One thing that must be stated early: All payments to Cyberdog Internet Services are non-refundable.
We support freedom of speech and transmission as long as the contents are legal. We will pursue any claims brought to our attention for illegal content (Including but not limited to Piracy, illegal mp3s, child-pornography, etc.). Any content we deem inappropriate might be reason for account suspension or cancellation without prior notice. When possible, we will try and give advance notice.
You may not use your dedicated server to publish material, which Cyberdog Internet Services determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse (at) rakserve.com.
Cyberdog Internet Services reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
3. HARASSMENT: Use of the Cyberdog Internet Services service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
4. FRAUDULENT ACTIVITY: Use of Cyberdog Internet Services service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
5. SPAM: Use of the Cyberdog Internet Services service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending Cyberdog Internet Services account pending verification of it's origination.
6. UNAUTHORIZED ACCESS: Use of Cyberdog Internet Services servers to access or attempt to access other's accounts, or to penetrate or even attempt to penetrate security measures of our own, or other entity, is absolutely prohibited. This would also be grounds for inmediate suspension or termination.
7. THIRD PARTY ACCOUNTABILITY: Cyberdog Internet Services subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
8. ADULT CONTENT: Cyberdog Internet Services allows the hosting and distribution of adult content on our servers as long as the content abides bu California and Federal Laws of the United States of America. For this reason we asked that you utalize technologies such as legal disclaimers and credit card processing to prevent minors from accessing your site. We also require that US Code: Title 18, § 2257 is strictly followed and compliance is displayed on your site. Please use your best judgment when hosting adult content. Illegal content including but not limited to child-pornography or beastiality is not allowed. We reserve the right to suspend an account whos matterial is deemed illegal or not in compliance with the Terms of Service. Because of the contraversy over adult content we also urge you to have an Internet security company anayze your code for possible exploit threats.
REPORTING VIOLATIONS OF Cyberdog Internet Services AUP
Cyberdog Internet Services requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse (at) rakserve.com .
REVISIONS TO THIS ACCEPTABLE USE POLICY
Cyberdog Internet Services reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
2. SPAM --- Please read!
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroups or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Accounts caught sending unsolicited, as defined by Cyberdog Internet Services*, email/usernet postings, either through our server(s) or to promote a web site on our servers, will be terminated immediately, will not qualify for a refund and will be charged $100 per complaint filed.
*Unsolicited is defined, by Cyberdog Internet Services as:
E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.
3. Acceptable Resource Usage
3.A: Cyberdog Internet Services makes every reasonable attempt to provide an environment suitable for use by its customers for the purpose of an on-line presence, including sufficient bandwidth and CPU resources. Bandwidth and CPU resources are on an open and "first come first serve" basis whereby bandwidth and CPU resources are allocated in order of who requests them first. In this environment, it is possible for a user to consume more than their share of CPU resources and/or bandwidth and therefore impede the performance of the network and servers as a whole, adversely limiting the resources available to other users. Cyberdog Internet Services closely monitors the performance of its systems and network. If at any time Cyberdog Internet Services deems that a user is imposing an unreasonable load on a server or the network (such as an inordinate number of CGI processes or MySQL calls), Cyberdog Internet Services may, at its sole discretion, take any action it deems necessary to correct the problem and free up resources for other users, including but not limited to killing processes or shutting down service for an offending user without notice.
Any type of IRC (Internet Relay Chat) client or script is prohibited.
AlienForm (all versions) is prohibited
3.B: Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the Cyberdog Internet Services network or that otherwise masks the true origination point of browsing activities by use of network information associated with Cyberdog Internet Services. If these scripts are found, they will be deleted without notice. Repeated violations will result in account suspension or termination.
4. Cyberdog Internet Services Unmetered Resource Policy
4.A: Cyberdog Internet Services provides Unmetered resources for hosting customers customers. These include e-mail accounts, domain, add-on domains, ftp accounts, etc. Because of the potential for abuse, Cyberdog Internet Services has put into place the following policy which governs the use of our Unmetered Bandwidth Policy.
There are two classifications for Cyberdog Internet Services-hosted websites. These are:
a. Unmetered Eligible, and
b. Unmetered Ineligible
To be classified as "Eligible" your website must follow the following rules:
* 90% or more of your images, download files, etc. must be linked from an HTML or equivalent web page that is accessible to the public.
* Your website is comprised mostly of web pages, and images used on those pages.
* Your website is NOT primarily designed to provide files for download.
* Your website is NOT adult in nature.
If your website does not meet any of the above guidelines, it will be Ineligible for Unmetered Bandwidth and will be provide a bandwidth limit of 200 GB per month.
* If your website is a download website (designed primarily to provide files for download by visitors,) or is an adult website, a website comprised of an image gallery only, any websites that contain shopping carts with over one hundred items are not eligible (ineligible) for Unmetered Bandwidth and will be assigned limits as stipulated above.
5. IP Addresses
IP Addresses, weither shared or dedicated are owned and leased by Cyberdog's datacenter or server space vendors. Leases are non-transferable.
6. Chargeback Policy
Cyberdog Internet Services. does not allow charge backs to occur to its merchant accounts and contracts with VISA / MASTER CARD International, American Express Bank. and Discover Financial Services. It is not recommended to initiate a charge back hence customer agreed to AUP (this document) and Terms & Conditions as outlined in this document and Cyberdog Internet Services. will use this document and customer's agreement at the time of order to wholeheartedly fight a charge back and / or dispute. If customer supplied a valid reason for refund, Cyberdog Internet Services. will gladly apply a refund ONLY if requirements as specified above are met. Any dispute / charge back attempts will immediately result in suspension of web hosting account and another charge applied to the customer credit card under the same order / authorization number.
Cyberdog Internet Services. will charge posted fees for all new and previous orders. Your fees will be based on the free structure when you created your account. Current pricing can be found at www.rakserve.com for an up-to-date list. However, this pricing may vary from the pricing and features on your account. Cyberdog Internet Services. reserves the right to modify and change packages as needed.
Upon customer account activation, customer agrees to pay on either a 30-day basis, 180-day basis, or a 365-day basis. Cyberdog Internet Services gives customer 48 hours over payment deadline, and if the payment has not been received customers account will be suspended.
* Any customer who provides a credit card charge back in response to a bill and or order placed at Cyberdog Internet Services. will be subject to collections and legal action. Charge backs are NEVER acceptable means of attaining a refund. Further, by ordering an account with Cyberdog Internet Services you are bound by these terms and conditions and must follow and agree to them. The following fees will be assessed for all chargebacks:
$25.00 charge back processing fee
$150.00 penalty for charge back usage
If collections action is required, a 22% collections fee will be assessed as well for the total amount.
* All returned checks will be sent to collections. Fee for returned check fee is $25.
7. Lawful Purpose
Cyberdog Internet Services reserves the right to refuse service to anyone. Customers may only use Cyberdog Internet Services's services for lawful purpose(s). Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, child pornography and satanic materials. Cyberdog Internet Services expressly forbids anyone from using Cyberdog Internet Services's service(s) for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable including WAREZ, Trojans, cracking tools (and links to those materials). The designation of any materials as such described above is left entirely to the discretion of Cyberdog Internet Services's management. Cyberdog Internet Services's service(s) are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of Cyberdog Internet Services's resources. Doing so could result in immediate account cancellation. Your password is considered private and is not to be given out to any third party outside your organization.
8. Payment Policies
All accounts are set up on a prepay basis. Setup fees may be charged for all new accounts and major account changes and are nonrefundable. All pricing is guaranteed for the term of prepayment. Cyberdog Internet Services reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. Credit card orders are processed using Psigate or PayPal.
Checks returned unpaid (NSF) will be assessed a $25 charge. All payments must be made in U.S. currency. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Cyberdog Internet Services in writing for a request for termination of services.
Recurring Billing
All credit cards are billed automatically on there renewal dates. If you do not want to renew your account, you must cancel the account at least 15 days before the renewal date. Cancelations after a renewal date has passed will only be effective on the next renewal date's invoices. All invoices that are sent out before a cancellation request must be paid.
9. Cancellation & Refunds
Customers can cancel service any time. If the customers account comes with our 30 day money-back guarantee, we will refund the full purchase amount minus any setup fees or add-on services. Add-on services include SSL Certs, dedicated IP Addresses, and 3rd party services such as ClientExec and WHCMS and are not refundable. We do not issue refunds on accounts after 29 days. Due to security concerns, all account cancellations must be done in writing via US mail or fax with a valid signature of the primary contact of the account, account name, password, and reason for cancellation. Cancelations can also be made via a support ticket in the Members Center submitted to the 'Cancelation' Department. If payment was made by check or bank transfer, the zip/postal code of the primary contact is required for our verification. Cyberdog Internet Services reserves the right to cancel service at any time without notice for any reason that Cyberdog Internet Services deems appropriate. All monthly service fees paid in advance of cancellation will be prorated and refunded by Cyberdog Internet Services if Cyberdog Internet Services institutes its right of cancellation. If cancellation is caused by the customer's violation of these policies, then no refund is due.
Indemnification. If Cyberdog Internet Services purchases the domain at no cost to you, Cyberdog Internet Services has right to hold the domain for the remainder of the registration.
Customer agrees that it shall defend, indemnify, save and hold Cyberdog Internet Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Cyberdog Internet Services, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Cyberdog Internet Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Cyberdog Internet Services's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Cyberdog Internet Services's server.
Disclaimer
Cyberdog Internet Services will not be responsible for any damages your business may suffer for any reason, including negligence on our part. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Cyberdog Internet Services and its employees. Cyberdog Internet Services makes no warranties of any kind, expressed or implied about the services we provide. Cyberdog Internet Services specifically disclaims all warranties of merchantability and fitness for a particular purpose. Cyberdog Internet Services cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Cyberdog Internet Services are resold. Thus, certain equipment, routing, software, and programming used by Cyberdog Internet Services are not directly owned or written by Cyberdog Internet Services. Moreover, Cyberdog Internet Services holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Cyberdog Internet Services sees fit. You are responsible for keeping up to date on these terms and conditions. Should they change, the changes will apply toward you. We may or may not notify you of changes to these conditions.
If Customer cancels service and has credits left over, they can be credited back to there account upon request.
10. Registration Agreement
1. AGREEMENT. In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Cyberdog Internet Services and "Services" refers to the services provided by us as offered through Cyberdog Internet Services, the Registration Service Provider ("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
2. SELECTION OF A DOMAIN NAME. We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.If Cyberdog Internet Services purchases the domain at no cost to you, Cyberdog Internet Services has right to hold the domain for the remainder of the registration.
3. FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable there under are nonrefundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose. If the domain is registered by Cyberdog Internet Services at no cost to you hear by understand that the domain is property of Cyberdog Internet Services for the time purchased and will not be forfeited at a minimum of one year.
4. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Cancellation section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
5. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with such policy.
7. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the courts of The State of New Jersey, United States of America.
8. AGENTS. You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.
9. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
10. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
11. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided there under or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
12. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
13. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
14. DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaims 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 the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system 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 the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
15. REVOCATION. You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time.
16. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services, or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Services.
17. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
18. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
19. NON-WAIVER. Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
20. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us or to the RSP to support@Cyberdog Internet Services.com or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record or as updated from time to time. Mail shall be sent to Cyberdog Internet Services, and to you at the mailing address provided in your Affiliate application or as updated from time to time. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. (EST time) and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.
21. ENTIRETY. You agree that this Agreement, the rules and policies published us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
22. GOVERNING LAW. This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of California and the federal laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the State of California, United States of America, and you irrevocably consent to the jurisdiction of such Court(s).
23. INFANCY. You attest that you are of legal age to enter into this Agreement.
24. ACCEPTANCE OF AGREEMENT. You acknowledge that you have read this agreement and agree to all of it's terms and conditions.
25. RESPONSIBILITY You are responsible for keeping up to date on these terms and conditions. Should they change, the changes will apply toward you. We may or may not notify you of changes to these conditions.
