These Terms of Service (“TOS”) apply to and shall be incorporated by reference into each Web Hosting Agreement with Dundee Internet Services, Inc., dba DWLI. (Hereinafter, “DWLI”) and the customer who is named in such Web Hosting Contract(s) (Hereinafter, “Customer”). All references in this document stated as “TOS” shall be considered DWLI’s Standard Terms (of Service) and Conditions of Use.
If when Customer wishes anonymity, they must notify email@example.com, call, fax, or use postal mail to inform DWLI.net of their request.
“EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS SECTION 5, CUSTOMER’S USE OF SERVICES IS AT SOLE RISK OF THE CUSTOMER, ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT GUARANTEE OR WARRANTY OF ANY KIND. DWLI.NET SHALL USE REASONABLE EFFORTS TO MAINTAIN PERFORMANCE OF HOSTED SERVICES; HOWEVER, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, DWLI.NET MAKES NO WARRANTY AND SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE. DWLI.NET DOES NOT WARRANT THAT THE SERVICES (OR ANY OF THEM) WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. DWLI.NET DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE HOSTED SITE AND/OR OTHER PORTIONS OF THE INTERNET.”
“IN NO EVENT SHALL EITHER PARTY BE ACCOUNTABLE TO THE OTHER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR ASSOCIATED DAMAGES; INCLUDING WITHOUT RESTRICTION, LOST PROFITS, MISSING DATA (OR ITS USE). HOWEVER, CAUSED AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO SERVICES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED, OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR: (A) EITHER PARTY’S OBLIGATION TO INDEMNIFY THE OTHER AS PROVIDED IN SECTION BELOW, CUSTOMER’S OBLIGATION TO PAY AMOUNTS DUE AND OWING UNDER A SERVICE CONTRACT; AND/OR (B) A PARTY’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT; EACH PARTY’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID (OR OWING) BY CUSTOMER UNDER THE APPLICABLE SERVICE CONTRACT FOR SERVICES PROVIDED IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM”
Except for Customer’s notice of termination of any Services (Section 8 above which shall be via email to firstname.lastname@example.org), notices to and by all parties shall be sent via: (i) personal delivery; (ii) certified mail, return receipt requested; (iii) recognized overnight courier with a printed confirmation of receipt; (iv) facsimile at the fax number noticed on the cover page of the applicable Service Contract (or such other fax number as a party may designate by written notice delivered in accordance with this provision); or (v) email at the address indicated on the cover page of the applicable Service Contract (or to such other address as a party may specify by written notice sent in accordance with this provision).
“Confidential Information” shall mean any non-public information of the other party that is designated as confidential, or that the receiving party knew or reasonably should have known was confidential. The terms and conditions of each Service Contract shall be considered DWLI and the Customer Confidential Information.
Confidential Information shall not include any information which a party can demonstrate (i) was rightfully in its possession prior to the date of disclosure to it by the other party; (ii) at the time of disclosure or later, is published or becomes part of the public domain through no act or failure to act on the part of a party; (iii) a party has developed independently without reference to any Confidential Information of the other party; or (iv) came into such party’s possession from a third-party who had a bona fide right to make such information available.
The party receiving Confidential Information will not at any time release to any person (or use it) except as expressly permitted in the appropriate Service Contract. Each party shall limit disclosure of Confidential Information to its employees or agents who have a need to know related to the parties’ business relationship. A receiving party may disclose Confidential Information of the other party as required by court order or other compulsory legal processes, provided that the receiving party first notify the other party of the obligated disclosure as soon as reasonably practicable: an advance of the compelled disclosure.
Upon termination of a Service Contract, the recipient of Confidential Information shall promptly deliver to the other party or destroy any and all such information in its possession or under its control, and any copies made except by prior written authorization. The recipient of Confidential Information may retain, subject to these Terms, a copy of the Confidential Information as required for compliance with its internal recordkeeping requirements and shall not be deemed to have violated its obligations with respect to returning or destroying Confidential Information to the extent such Confidential Information is located on electronic back-up in accordance with such recipient’s normal procedures for backing-up data and where such back-up is not accessible to such recipient’s employees or officers other than those employees and officers whose duties relate to information technology support for the recipient.
Each Service Schedule completely and exclusively states the agreement of the parties regarding its subject matter. Each Service Schedule supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding its subject matter. Neither these Terms nor any Service Schedule shall be modified except by a subsequently dated written amendment signed on behalf of each party by its duly authorized representatives, and any provision on a purchase order purporting to supplement or vary the provisions of a Service Schedule shall be void. Any handwritten modification to a Service Schedule shall be void unless the person signing said Service Schedule on behalf of DWLI.net initials such handwritten modification