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1. Disclaimer
DuPage Designs and it's parent company ( PP&F NetWorks) will not be responsible for any damages your business may suffer. DuPage Designs makes no warranties of any kind, expressed or implied for service we provide. DuPage Designs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting in delays, no deliveries, wrong delivery, and any and all service interruptions caused by DuPage Designs, it's parent comany ( PP&F NetWorks) or its employees. DuPage Designs reserves the right to change its policies at any time without prior notification. 2. Uptime
DuPage Designs will make access available to you on a best-effort basis. Service outages can occur over which we have no control. In the event that an outage lasts more than 24 hours, we will, at your request, prorate the applicable portion of your monthly, quarterly, semiannually, or yearly service charge. Although our average system uptime is outstanding, we cannot and will not make any guarantee of any kind regarding the stability or uptime of this service.
3. Payment Policy
Your account will not be activated until we receive your first month’s payment. When submitting a credit card, you must be the card owner. If this is found otherwise, your account could be terminated under grounds of Credit Card Fraud.. By submitting a credit card on the order form, the cardholder agrees to authorize all recurring charges to the account, and any balances incurred due to overage limits, additions of extras to the account, service charges, and/or any other fees due. To halt the automatic charging to your credit card, you must notify our billing department at billing@dp-d.net at least one week in advance. Users, who have chosen a billing method other than credit card, will receive invoices that are sent via email approximately one week before they are due. Invoices are to be paid on or by the date on the invoice. Failure to comply will result in your account being terminated. If you then wish to re-signup for the account, all regular sign-up rules and prices will apply. If at any time your account becomes past due or inactive for any reason, we reserve the right to change your rate to match the current prices.
4. Abuse
Server abuse will not be tolerated. Server abuse includes but is not limited to the following:
A. CPU/Resource intensive Programs
B. Denial of Service Attacks
C. Hacking/cracking of any kind (This includes exploits)
D. Shell account trading
E. IRC Flooding/Cloning
F. Usage of xDCC Bots/eMechs/War bots
G. Storage of Warez/MP3's/Child Pornography
H. Taking over channels
I. Holding taken over channels
J. Spamming
K. More than one connection to irc per process
DuPage Designs will be the sole arbiter as to what constitutes as a violation of server abuse, and reserve the right to terminate the account without notification.
5. Account Sharing
Account sharing is not encouraged. Sharing of accounts by more than 2 people (unless you have more than 2 FTP/Shell logins),may result in termination of your service. Furthermore, if any questions or problems arise and your account was being shared, it is automatically terminated unless stated by an administrator. Sharing on BNC processes is strictly prohibited. Your BNC is just that, your BNC. If you are found with multiple connections to IRC, your account will be terminated.
6. Early Termination/Cancellation
DuPage Designs reserves the right to cancel a customer’s service at any time. If cancellation is caused by customer’s violation of these policies, then no refund is due. Customers may cancel service at any time, but no refund is due. DuPage Designs will not offer refunds whatsoever.
7. Privacy Policy
We take our customers privacy very seriously. You are guaranteed 100% privacy. Information such as address, phone, etc. will not be given out. However, we reserve the right to monitor your account. We will also use given information to verify you as the account holder in the event you forgot your password.
8. Legal Material
While we have no problem with you hosting "Adult Material" on your website, we will not allow Child Pornography to exist on our servers. This is against the law and we will take action as needed.
(1) Child Pornography is defined as:
(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
(i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or
(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years; or
(b) any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act.
(2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
(3) Every person who imports, distributes, sells or possesses for the purpose of distribution or sale any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
(4) Every person who possesses any child pornography is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
(5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child pornography was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.
(6) Where the accused is charged with an offence under subsection (2), (3), or (4), the court shall find the accused not guilty if the representation or written material that is alleged to constitute child pornography has artistic merit or an educational, scientific or medical purpose.
We also do not allow the distribution of Copyrighted files/and or music via our servers. All material found in violation of this agreement shall be subject to immediate deletion.
9. Username/Domain Changes
The changing of your username requires that we delete your existing account and re-add a new account, just as if you had signed up all over again. Due to the effort required for this process, a $2.00 setup fee applies to any and all username changes. If you would like to change domain names, a $5.00 setup fee applies to any and all domain name changes.
10. Credit Card Fraud
DuPage Designs does not condone nor encourage credit card fraud. In order to ensure your safety and privacy, DuPage Designs has secure SSL encrypted web-servers. In addition, with all credit card orders address verification is used in order to guarantee that you are the authorized cardholder. Furthermore, by using your credit card to apply for an account you are subject to extensive research to ensure you are the cardholder. This includes, but not limited to: Address verification, Verbal/Phone verification, etc.
11. Services Changes
DuPage Designs reserves the right to change prices, policies, and configuration of any and all accounts when deemed necessary. Any violations of these policies represent a breach of your contract with us, and your account will be removed from our system without warning.
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