DONOBi,
Inc. Acceptable Use Policy & Terms of Service
Updated
9-21-2006
Table of Contents
This Terms of Service Agreement ("Agreement")
is made between DONOBi, Incorporated ("DONOBi")
and you (referred herein as "you," "User,"
or "Subscriber") and governs the use of
the DONOBi Internet access service and related features
("Services"). By establishing an account
or using these Services, you agree to be bound by
this Agreement and to use these Services in compliance
with this Agreement and the DONOBi Acceptable Use
Policy (“AUP”) incorporated herein. If
at any time you choose not to agree to any or all
of the terms and conditions set forth in the Agreement
and the AUP, you must terminate your use of these
Services as set forth in Section 3. DONOBi reserves
the right to modify this Agreement and the AUP in
its discretion by posting changes online at least
30 days in advance of the effective date of any changes.
You are responsible for regularly reviewing the Agreement
and related documents to obtain timely notice of such
changes. Your non-termination or continued use of
these Services after changes become effective constitutes
your acceptance of this agreement as modified by the
posted changes.
You must be at least 18 years of
age in order to subscribe to these Services. Local
access and dial-up numbers may not be available in
all areas. You are solely responsible for determining
if use of a particular dial-up number will cause you
to incur long-distance, toll, or other charges. DONOBi
is not responsible for any long-distance, toll, or
other telecommunications charges you incur.
You are fully
responsible for all usage and charges incurred by
the use of our services, including but not limited
to the use of the login name/password or network connection
assigned to you. If you use DONOBi's service at any
time during the billing period during which you cancel,
you will be responsible for that months service. After
the 5th day of your service period, you will be responsible
for the full months charges even if you cancel the
account and regardless of usage during that billing
period.
If you lose
your password or suspect that it has been compromised
you should promptly contact DONOBi. It is required
of all users that any services purchased from DONOBi,
Inc. not be used in any manner that would be considered
illegal under local, state or federal law.
All invoices are due and payable in
advance of services rendered, on or before the due
date stipulated on invoice unless other payment terms
have been authorized. Alternative payment terms can
only be authorized by 1) completing a DONOBi credit
application and receiving an approved term credit
account and/or 2) a specific alternative contractual
agreement.
You agree that you understand and
accept these Terms and Conditions and agree to pay
for these services according to the billing policies
currently in effect using the rates as posted on DONOBi's
website or available in print at the DONOBi office.
DONOBi will not raise prices on prepaid contracts.
Prepaid account balances or credits do not constitute
prepaid contracts. Any setup fees that have been paid
are non-refundable.
DONOBi will not accept or honor post-dated
checks, nor any form of payment which contains any
limitation or condition to immediate payment or how
that payment is applied to customer’s account.
Checks not honored by either party’s
bank and returned unpaid for any reason will be assessed
a return check fee of $25.00 per item. Checks not
accepted by by either party’s banking institution
will not be returned except at DONOBi’s sole
discretion and only upon customer’s written
request and payment in full of outstanding balance,
including late charges and returned item fees, if
any.
If you have requested automatic credit
card or debit card payments, by giving us your charge
card information you authorize DONOBi to perform repetitive
credit card billing until notified in writing that
your account is terminated or payment method is modified.
If any payment by charge card is refused by the credit
card agency more than three times for any reason other
than input error, you will immediately be deemed in
default and subject to a $25.00 service charge.
If you are using a credit card or
debit card for prepayment of regular billing, you
are responsible for notifying DONOBi of any changes
to your credit card or debit card account status,
including any changes in charge card numbers and/or
expiration dates. Failure to do so could cause the
termination of your account without notice.
3.2.1 PROPER NOTIFICATION OF DESIRED
CHANGES TO ACCOUNTS Back
to Table of Contents
Proper notification includes timely
direct contact with a member of the DONOBi Customer
Service staff in person or via mail, phone, fax or
email to:
DONOBi, Inc.
3256 Chico Way NW
Bremerton, WA 98312
Email: csr@DONOBi.com
Toll-Free Phone: (866) 866-5454
You agree to keep DONOBi properly
informed of your contact information including your
name, postal mailing address, and telephone number.
This includes your email address if you normally use
an email address other than the one assigned and provided
for you by DONOBi’s service.
If payment has not been received by
the 10th day after the stipulated due date, a two
percent (2%) per month (as permitted by law) late
charge will be assessed, with a minimum late charge
of $5.00 per month. If payment is not received within
the terms specified under these Terms of Service,
service can be suspended without further notice.
You agree to pay reasonable late charges
as permitted by law, attorney fees, collection agency
fees and other costs associates with collection efforts
on all amounts due and owing that have not been disputed
in writing. Items disputed in writing will be exempt
from late charges until a formal written determination
and response in resolution of the dispute has been
sent by DONOBi, at which time late charges will begin
to accrue if applicable.
We can accept late payments, partial
payments or checks and money orders marked “payment
in full” and any other restrictive endorsement
without losing any of our rights or entitlements under
our Terms of Service for any remaining balance due,
including but not limited to late fees and other collections
costs.
You agree that if your account does
not comply with these Terms of Service, DONOBi may,
at its sole discretion, require that all future payments
be made in advance of service by credit card.
If we do not receive your payment
when due, a monthly late fee will be assessed in accordance
with Section 3.2.2. Accounts more than 30 days past
due will be forwarded to our Collections Department.
This Agreement applies to you for
as long as you remain a subscriber to any of the Services
("Term"). You may terminate this Agreement
and your use of the Services at any time and for any
reason by providing notice to the DONOBi Customer
Service Department in person or via mail, phone, fax
or email to csr@DONOBi.com.
Failure to pay a proper billing invoice does not constitute
proper notification, and you are responsible for all
fees accrued to your account until proper notification
is received, regardless of usage.
DONOBi may terminate this Agreement,
your password, your account, and/or your use of these
Services without prior warning for any reason, including
but not limited to failure to pay any charges when
due, if someone using your account has violated this
Agreement or the AUP. All terms and provisions of
this Agreement shall survive its termination, including,
without limitation: Section 1, Section 3, Section
12, Section 13, and Section 14.
DONOBi may elect to send notice of
any violations to you before termination, but is not
required to do so. When an account has been terminated,
the reactivation of the old account or the acquisition
of a new account will only be allowed by the express
approval of DONOBi. The account may be held responsible
for any charges associated with installation or activation,
whether it is for a new account, or a suspended or
terminated account. Section 1, Section 3, Section
12, Section 13, and Section 14 shall survive the termination
of this agreement.
3.3.1 REFUNDS
Back to Table
of Contents
Refund requests must be submitted
on DONOBi’s Refund
Request Form, and the account holder’s signature
must be received prior to processing. Refunds will
be provided for all prepaid full months. Prepaid accounts
that received special discounts will be charged for
the period(s) of service up to the date of cancellation
at the standard monthly rate(s). There will be a $10.00
processing fee deducted from the total refund.
Please allow 4-6 weeks for reimbursement
payment.
If your service is cancelled for misuse
according to these Terms and Conditions, DONOBi reserves
the right to apply additional fees and/or administrative
costs incurred to your account prior to reimbursement.
3.3.1.1 METHOD
OF REFUND Back
to Table of Contents
Refunds will be issued back to the
credit card or debit card on file for customers that
have paid by credit card or debit card. If this information
has been cleared from our records for security purposes,
DONOBi may request that your credit card or debit
card information be resubmitted in order to process
the refund. (Refund
Request Form - PDF)
Refunds will be issued in the form
of a company check to customers that have paid by
cash, check or money order.
3.4 TEMPORARY
SUSPENSION OF SERVICE Back
to Table of Contents
3.4.1 SUSPENSION
OF SERVICE FOR NON-PAYMENT
Back to Table
of Contents
If your account is in default for
non-payment, your service may be interrupted. Such
interruption will not relieve you from the obligation
to pay DONOBi's monthly account charges. You agree
to pay DONOBi its reasonable expenses, including attorneys
and collection agency fees, incurred in enforcing
its rights. Termination of your account does not remove
your responsibility under this agreement to pay all
fees incurred up to the date the account was cancelled
or suspended, including any collection fees incurred
by DONOBi.
3.4.2 VOLUNTARY
SUSPENSION OF SERVICE Back
to Table of Contents
You may temporarily suspend your
Internet access account for a minimum of one month
up to a maximum of three months by properly notifying
DONOBi of your request to suspend your account. While
your account is suspended, you may not login to the
modem communications devices at DONOBi. While your
account is suspended, your email account will also
be inaccessible. (DONOBi does have an Email Only service
if you need to access your email during this time.)
You agree that you will be the only
user of your user name/password or network connection
and that you will not transfer or disclose either
your user name or password to any other person, except
that you may at your own risk and responsibility permit
other members of your family or business associates
to access these Services using your user name and
password. You shall ensure that any such users comply
with this Agreement and the AUP and you will be responsible
for all usage of these Services and any other services
accessed through these Services on your account whether
or not authorized by you. You acknowledge that you
are aware that certain content accessible through
these Services may contain material that is unsuitable
for minors. You agree to supervise any minor’s
use of these Services through your account.
You are entitled to use only one
Internet login at a time per account unless your account
type specifically (in writing) provides for more than
one simultaneous dial-up login. Using more than one
Internet login at a time, or any usage contrary to
these Terms and Conditions by any party knowingly
allowed to use the account are grounds for appropriate
billing of the services used plus reasonable charges
to cover administrative costs for such transgressions
and/or termination of service.
Unlimited access accounts are for
intermittent usage/connection to our system as long
as you are physically in front of your computer and
actively using the connection. This use includes sending
and receiving mail, downloading files, surfing the
web and using Internet Relay Chat (IRC). Furthermore,
all connections are limited to a single concurrent
dialup modem connection unless specifically authorized
otherwise in the terms of a specific access account.
You may not act as an Internet server while connected
to DONOBi unless specifically agreed to in writing.
We expect that you will promptly
disconnect your modem from our dial-up facility when
you are not actively using the connection. If we discover
that your system is connected to DONOBi but idle (not
sending or receiving data) we may disconnect its session.
Using auto-dialers and programs that
send small amounts of data to mimic the appearance
of activity is strictly forbidden. This rule is intended
to be a deterrent to those users who may use these
programs.
In order to ensure that all users
have an opportunity to access the system, while still
allowing us to provide service at a fair cost, any
usage over 200 hours per month on a standard dial-up
account will be considered "dedicated access".
This equates to approximately 6.5 hours per day or
8.25 hours per business day. For standard dial-up
service, sessions will be disconnected after approximately
6 hours of continuous connect time.
If we discover you are violating this
policy, your account may be automatically upgraded
to a "dedicated dial-up access" billing
rate, you may be disconnected immediately, and / or
your account may be terminated immediately without
warning.
- If you need a full-time connection or multiple
concurrent connections, please refer to our Rates
and Services information for pricing and availability,
or contact our Sales department at (360) 782-4477,
or sales@DONOBi.com.
We expect that you will promptly
disconnect your modem from our dialup facility when
you are not actively using the connection. If we discover
that your system is connected to DONOBi but idle (not
sending or receiving data) we may disconnect you.
In any case, you will be disconnected
after approximately 6-8 hours of continuous connect
time. These procedures are designed to ensure that
all of our users will have an opportunity to access
the system. We expect customers to follow these basic
rules and help to make everyone's online experiences
more enjoyable.
If you need a full-time connection
or multiple concurrent connections, please refer to
our Rates and Services information for pricing and
availability, or contact our Sales department at (360)
782-4477, or sales@DONOBi.com.
Customers are bound to all standard
DONOBi Terms of Service in addition to those of the
telecommunications company providing their DSL line.
DONOBi reserves the right to limit
or disable users that are deemed to be using resources
in excess of their account provisions. The use of
a hardware firewall to protect your systems from the
open nature of the fiber networks is strongly recommended.
Residential fiber optic service is
a “High Speed service” and does not provide
Business
Class/Heavy Usage service to the
end user. Business Class/Heavy Usage service is defined
as any customer using more than 7GB of usage within
one month of service.
DONOBi’s Shared Tenant Services
is an amenity provided to multi-unit complexes used
for high-speed access. The nature
of the connection does not guarantee any specific
rate of connection for the end user. For the purposes
of this service, DONOBi’s Customer is the property
owner, not the end user.
5.6 VIOLATIONS OF DONOBi’S
ACCEPTABLE USAGE POLICY Back
to Table of Contents
The following constitutes violations
of this policy:
- Using our services to transmit material that
either intentionally or unintentionally violates
any applicable local, state, national, or international
law.
- Using our services to transmit material that
either threatens or encourages bodily harm or destruction
of property.
- Using our services to transmit material that
harasses another.
- Using our services for fraudulent activity (such
as “chain letters”,” pyramid schemes”,
and/or “Ponzi schemes”)
- Users may not add, remove, or modify identifying
network header information to further their efforts
to deceive or mislead.
- Users may not attempt to impersonate any person
by using forged headers or other identifying information.
Using anonymous remailers or nicknames does not
violate this policy. Nor does using deliberately
misleading headers in news postings in order to
avoid spam email address collectors.
- Using our services to transmit unsolicited commercial
email or unsolicited bulk email.
- Using our services to access or attempt to access
the accounts of others.
- Performing port scanning.
- Using our services to penetrate or attempt to
penetrate security measures of DONOBi or another
entity’s computer software or hardware, electronic
communications system, or telecommunications system,
whether or not such action results in loss of or
corruption of data.
- Using our Services for any activity that adversely
affects the ability of other people or systems to
use or access DONOBi Services and/or the Internet.
This includes “denial of service” (DoS)
attacks against another network host or individual
user.
- Using our services to transmit any material that
infringes any copyright, trademark, trade secret,
patent, or other proprietary rights of any third
party (such as copying copyrighted material, the
digitization and distribution of photographs from
magazines, books, etc, and unauthorized transmittal
of copyrighted software).
- Using our services to attempt to collect personal
information about third parties without their knowledge
or consent whether successful or not.
- Reselling our services without our explicit authorization
(in writing). Interference with or disruption of
other network users, network services or network
equipment is prohibited. It is the Member's responsibility
to ensure that their network is configured in a
secure manner. A Member may not, through action
or inaction, allow others to use their network for
illegal or inappropriate actions. A Member may not
permit their network, through action or inaction,
to be configured in such a way that gives a third
party the capability to use their network in an
illegal or inappropriate manner.
- Using our services to run a server without prior
written approval (such as a server used for file
sharing, web page hosting, etc).
IP addresses are assigned & rented,
not given, are not portable, and do not become property
of the recipient. DONOBi may reduce, reallocate, or
reassign IP address assignments at any time and for
any reason. Assignment of an IP address to a customer
does not constitute approval to run servers.
All Internet access service accounts
may include up to five individual email accounts with
separate email user id's and passwords. All multiple
email services for a single account will alternately
use the same solitary dialup connection provided for
the account by DONOBi. Up to 25MB of temporary storage
space are provided for email messages.
DONOBi may email its users with billing
invoice notices or notify users of important announcements
regarding changes to terms of service or impending
actions that may affect services provided by DONOBi.
See below for description, policy,
and consequences of violations regarding email usage.
Web Site Hosting is a service in which
DONOBi provides the Customer with space on one of
its web servers. The Customer is provided with access
to this space and is fully responsible for any content
they upload to the server. DONOBi highly reccomends
that Customers using this service keep a current back-up
copy of their site on their local machine or other
storage medium. Customer agrees not to sublet any
server capacity to any party without the prior express
written consent of DONOBi.
You acknowledge and agree (i) that
the use of your web site hosting and any content,
information, and all other aspects of your web site
will not violate the AUP, any applicable law, or any
rights of another, (ii) that you are solely responsible
for the content, quality, performance, and all other
aspects of the information or other content contained
in or provided through your personal web site and
(iii) that DONOBi has no proprietary, financial, or
other interest in any of the content or information
that may be described in or made available through
your personal web site. DONOBi may, without prior
notice, terminate your personal web site if DONOBi,
in its sole discretion, believes that you have violated
this Section.
8.2. DONOBi PROVIDED DOMAIN
NAMES Back
to Table of Contents
If DONOBi provides you with a domain
name that has the names or marks of DONOBi embedded
therein ("DONOBi.net Domain Name"), you
may use the DONOBi.net Domain Name only during the
Term. DONOBi shall own the DONOBi.net Domain Name
and the DONOBi.net Domain Name may be subject to change
by DONOBi or the applicable domain name registry.
Other than for identifying the location of your web
site, you may not use the name or any marks of DONOBi
or any of its affiliates in any press release, promotional
materials, or other manner without the express written
approval of DONOBi.
8.3.
THROUGHPUT
Back to Table
of Contents
The Customer site will be allowed
up to 5 Gb of throughput per month. If monthly throughput
is consistently exceeding the allotted 500 megabytes,
the customer will be notified. Additional throughput
will be made available to the customer, in increments
of 2 Gb at $10.00 per month (before discount).
8.4. INSTALLATION AND SETUP
Back to Table
of Contents
DONOBi will create a directory on
the DONOBi Web Server for Customer's Web documents.
Customer agrees that any fees charged by any third
party associated with the registration of Customer's
Domain Name (e.g., InterNIC) are the sole responsibility
of Customer. DONOBi will provide general support of
FTP settings required to transfer files to the Web
Space. For assistance with web page developement,
DONOBi has a Web Design and Development department.
8.5. PERSONAL WEB SPACE
Back to Table
of Contents
Some account types include Personal
Web Space. This Web Space is not designed, intended,
nor is to be used as commercial-grade service. This
service is provided for customers to post their own
personal web page, learning about basic web page development,
or to store small files. DONOBi reserves the right
to limit access to personal web sites that exceed
500MB/month of data throughput or contain content
defined as unacceptable in section 8.5.1.
DONOBi is in no way responsible for
the content of these pages and does not provide any
kind of back-up or data-recovery services for the
personal web server. It is highly reccomended that
customers keep a current back-up of files that they
post in their web space.
8.5.1 PERSONAL WEB SPACE ACCEPTABLE
CONTENT Back
to Table of Contents
All terms and conditions under section
8.1. shall apply to Personal Web Space. Also, you
hereby acknowledge and accept that you will only use
the space for non-commercial purposes and will not
incorporate any advertisements in the content.
You shall own all graphics, text or
other information or content supplied by you for incorporation
into or delivery through your personal website. DONOBi
shall own any software developed or modified by DONOBi
and all graphics, text or other information or content
materials supplied by DONOBi for incorporation into
your web site ("DONOBi Materials"). You
may only use the DONOBi Materials in association with
your personal website and only during the Term.
If DONOBi provides you with domain
registration services, you agree to our Registration
Agreement terms found at: http://www.donobi.com/register_agreement.php
DONOBi has no obligation to monitor
these Services, but may do so and disclose information
regarding use of the Services for any reason if DONOBi,
in its sole discretion, believes that it is reasonable
to do so, including to: (i) satisfy laws, regulations,
or governmental or legal requests; (ii) operate these
Services properly; or (iii) protect itself and its
Subscribers.
You agree to indemnify, defend, and
hold harmless DONOBi and its subsidiaries, affiliates,
officers, employees, agents, suppliers, or other partners
from any and all third party claims, liabilities,
costs, and expenses, including reasonable attorneys
fees, arising from your use of these Services, your
violation of this Agreement, or your violation of
any rights of another.
12. LIMITATION OF LIABILITY AND DISCLAIMER
OF WARRANTIES Back
to Table of Contents
YOU ASSUME TOTAL RESPONSIBILITY FOR
USE OF THESE SERVICES AND THE INTERNET AND ACCESS
THE SAME AT YOUR OWN RISK. DONOBi EXERCISES NO CONTROL
OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE
CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET
AND DONOBi EXPRESSLY DISCLAIMS ANY RESPONSIBILITY
FOR SUCH CONTENT OR ACTIONS. DONOBi SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT
NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS,
LOSS OF PROFIT, LOSS OF INFORMATION OR DATA, OR INTERRUPTED
COMMUNICATIONS, ARISING OUT OF OR RELATED TO THE SERVICE.
UNDER NO CIRCUMSTANCES WILL DONOBi BE LIABLE TO YOU
OR ANY THIRD PARTIES FOR AN AMOUNT GREATER THAN THE
TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING A
SIX MONTH PERIOD.
THESE SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS.
DONOBi MAKES NO WARRANTY OF ANY KIND, WRITTEN OR ORAL,
STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY
OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE. DONOBi DOES NOT WARRANT THAT THESE
SERVICES SHALL BE UNINTERRUPTED, ERROR-FREE, OR FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
A. Governing Law. This agreement will
be construed and enforced in accordance with the laws
of the State of Washington
B. Venue. You hereby irrevocably consent
to the exclusive jurisdiction and venue in Washington
Superior Court in Kitsap County, or in the United
States District Court for the Western District of
Washington in Tacoma.
If any provision of this agreement
is determined invalid, the remainder of this agreement
shall remain valid and enforceable.
The parties agree that this Agreement
is the complete and exclusive statement of the agreement
between the parties, which supersedes and merges all
prior proposals, understandings, and all other agreements,
oral or written, between the parties relating to this
Agreement.
This Agreement and the Acceptable
Use Policy constitute the entire agreement between
you and DONOBi with respect to your use of these Services.
DONOBi may assign this Agreement and your rights and
obligations under this Agreement, in whole or in part,
at any time without notice to you. You may not assign
this Agreement without DONOBi's prior written consent.
DONOBi's failure to insist upon or enforce strict
performance of any provision of this Agreement shall
not be construed as a waiver of any provision or rights.
|
