Web Hosting Terms and Conditions

Acceptable Use Policy

Important Note: DDTCM LLC may revise this Acceptable Use Policy from time to time without notice by posting a new version of this document on the DDTCM LLC Web site. Accordingly, users of the DDTCM LLC services should consult this document regularly to ensure that their activities conform to the most recent version. In the event of a conflict between any service agreement or other terms and this policy, the terms of this policy will govern. Questions regarding this policy and complaints of violations of this policy by DDTCM LLC customers can be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Introduction

DDTCM LLC  provides a variety of Internet services ("DDTCM LLC Services"). For businesses and telecommuters, DDTCM LLC Services provide a platform for Internet, intranet and extranet connectivity solutions and networked business applications.

Use of the DDTCM LLC Service is subject to the following rules and guidelines. Each customer of DDTCM LLC is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the "Policy"). ANY CUSTOMER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY DDTCM ACCOUNT MANAGEMENT SO THAT THE CUSTOMER'S SERVICE CAN BE CANCELLED.

Illegal Activity

Use of DDTCM LLC Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy:

  • Prohibited activities include, but are not limited to
  • Posting or disseminating material which is unlawful (such as child pornography or obscene material)
  • Disseminating material that violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain
  • Pyramid or other illegal soliciting schemes
  • Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature

Security

You are responsible for any misuse of DDTCM LLC Services that you have contracted for, even if the inappropriate activity was committed by an employee, customer, consultant, guest or other individuals who have access to your system. Therefore, you must take steps to ensure that others do not gain unauthorized access to DDTCM LLC's Services. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of this Policy.

DDTCM LLC Services may not be used to breach the security of another Internet user or to attempt to gain access to any other person's or business's computer, software or data, without the knowledge and consent of such person or business. The Services also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.

You may not disrupt DDTCM LLC's Services. DDTCM LLC's Services may also not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited. You are solely responsible for the security of any device you choose to connect to DDTCM LLC's Services, including any data stored on that device. DDTCM LLC recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

Inappropriate Content

The following content and activities may not be displayed or promoted by customers nor associated in any way with customer's account or DDTCM's services. DDTCM LLC shall be the sole arbiter as to what constitutes violation of this provision.
  • Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or local law.
  • Copyrighted material used without permission.
  • Material or activities judged by DDTCM LLC to be threatening, obscene, disparaging, or hate-related.
  • Material protected by trade secret or other statute.
  • Pornography, nudity, and sex-related merchandising, including sites that may infer sexual content, or link to adult content elsewhere.
  • Content that promotes any illegal or prohibited activity.
  • Content that may be damaging to DDTCM LLC's servers or to any other server on the Internet.
  • Pirated software (warez).
  • Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
  • IRC, IRC Bots, IRC BNC, etc.
  • Promotion or sale of unsolicited or bulk e-mail (SPAM) software or services.
  • Unsolicited or bulk e-mail or newsgroup posts (SPAM) which references and/or is traceable to DDTCM LLC and/or any customer in any way.
  • Illegally distributed MP3 media or digital content.
  • Harassing, annoying, or otherwise interfering with any person's, group's, or organization's use or enjoyment of the Internet experience.
  • Links or reference to any of the above.

Violation of Acceptable Use Policy

DDTCM LLC does not routinely monitor the activity of services used by customer for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Although DDTCM LLC has no obligation to monitor Services provided and/or the network, DDTCM LLC and it various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this Policy; and/or to protect the network and DDTCM LLC customers.

DDTCM LLC prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if our Services are used in a way which DDTCM LLC or its distribution affiliates, in their sole discretion, believe violate this Policy, DDTCM LLC or its distribution affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of Services provided by DDTCM LLC. Neither DDTCM LLC nor its distribution affiliates will have any liability for any such responsive actions. The above described actions are not DDTCM LLC's exclusive remedies and DDTCM LLC may take any other legal or technical action it deems appropriate.

DDTCM LLC reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on DDTCM LLC's servers and network. During an investigation, DDTCM LLC may suspend the service or services of the customer involved and/or remove material which potentially violates this Policy. You hereby authorize DDTCM LLC and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include DDTCM LLC providing the name, IP address(es), or other identifying information about a customer. Upon termination of a customer's service, DDTCM LLC is authorized to delete any files, programs, data and email messages associated with such account.

The failure of DDTCM LLC or its distribution affiliates to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Michigan.

Terms and Conditions

Payment for Services

You agree to pay for all installation service fees and charges in connection with the services, including, but not limited to, fees for late payment and interest, charges for returned or "bounced" checks, reasonable attorneys fees in the event that we are required to retain counsel to enforce this agreement, and fees if we terminate this agreement because of your default.  We may terminate any or all services, without additional notice if payment is not received when due.

Termination of Service

Your contract term is exactly one year from the date when you originally signed up for service or from the date of expiration and renewal of service. The contract term will automatically renew when service is renewed or if service is prepaid beyond one year. If you desire to terminate service please notify us via our website contact form or by email. Once the TOS (termination of service) has been received, we will process your request within 48 hour and reply confirming that we received your notice. Your account will be shut down on the same date your contract expires. DDTCM LLC reserves the right to terminate service of any account on either our shared, co-location or dedicated servers for any reason with or without notice. By signing up for DDTCM Web Hosting services, you agree to hold DDTCM LLC completely free from any and all liability related to both the operation and termination of services including but not limited to loss of revenue, loss of access to resources, security breach of sensitive information, costs associated with transferring the account to another provider, repair cost, or development costs.

Acts Beyond Our Control

We shall not be deemed in breach if our obligations are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of transportation or communication, third party nonperformance (including, without limitation, the failure or performance of common carriers, interexchange carriers, local exchange carriers, suppliers and subcontractors), or any other cause beyond our reasonable control.

Limitation of Liability

THE SERVICES HEREUNDER ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, ABOUT OUR EQUIPMENT, SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED, OR ARISING BY LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL, HOWEVER, REPAIR OR REPLACE AT NO CHARGE TO YOU ANY OF OUR EQUIPMENT THAT, IN OUR SOLE JUDGMENT, FAILS TO OPERATE PROPERLY BECAUSE OF A DEFECT OR ORDINARY WEAR AND TEAR. YOU ACKNOWLEDGE THAT WE DO NOT EXERCISE CONTROL OVER THE CONTENT OF INFORMATION PASSING THROUGH THE EQUIPMENT WITH THE SERVICES WE PROVIDE. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY, OR NATURE OF THE INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE WILL NOT BE RESPONSIBLE FOR LOSS OF PROPERTY OR INJURY RESULTING FROM ANY DEFECT IN THE EQUIPMENT, ITS INSTALLATION, DISCONNECTION, OR OTHERWISE; OR FOR ANY SERVICE, SERVICE FAILURE, OR INTERRUPTION RESULTING FROM CIRCUMSTANCES BEYOND OUR CONTROL. OUR ONLY RESPONSIBILITY FOR ANY FAILURE OR INTERRUPTION OF SERVICES WILL BE TO CREDIT YOUR ACCOUNT IN ACCORDANCE WITH THE PROVISIONS OF THE SERVICE LEVEL AGREEMENT. IN NO EVENT SHALL OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER EXCEED THE AMOUNT OF FEES PAID BY YOU IN THE APPLICABLE MONTH. WE SHALL IN NO EVENT BE LIABLE FOR (i) LOSS OF PROFITS OR GOODWILL, (ii) LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (iii) CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR CONTINGENT DAMAGES OF ANY KIND (WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE FOR ANY ACT OR OMISSION, STRICT LIABILITY, WARRANTY OR OTHERWISE), OR BECAUSE OF ANY DELAY BY US OR OUR AUTHORIZED REPRESENTATIVES IN PROVIDING THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

The Terms and Conditions shall be construed and enforced in accordance with the laws of the State of Michigan (without regard to its principles of conflicts of laws) and applicable federal laws and any applicable tariffs, rules, and regulations. Any action to enforce The Terms and Conditions shall be brought in a state or federal court located in the County of Macomb, in the State of Michigan. In addition, our performance hereunder shall be subject to any applicable governmental rules, regulations, and tariffs filed by us or our affiliates with governing regulatory authorities. In the event of a conflict between the terms of any applicable tariff, rule, or regulation and the Terms and Conditions, the tariff, rule or regulation shall control, with respect to such conflicting provision. All non-conflicting terms of the Terms and Conditions shall apply.