Where the content states: "We" includes DZOIC LLC or any party acting on DZOIC LLC's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this Agreement. DZOIC LLC reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://wwx.dzoic.com/tos.php. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this Agreement:
- Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
- Displays sexually explicit material of any kind in an area that is not categorized for Mature Content
- Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding).
- Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
- Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
- Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the DZOIC LLC
- Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without DZOIC LLC prior consent
- Contains personally identifiable information about another member that is published without their express consent
- Contains material originally posted by another member that is reposted without permission or attribution
- Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
- Has misleading email addresses or other manipulated identifiers to disguise its origin
- Explicitly sexual content -- visual depictions or written descriptions
- Intense depictions or descriptions of violence or gore
- Obscene gestures
- Profanity that is sexual in nature or that is directed at another member
- Discussions or information about illicit substances
2.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
2.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason.
2.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
3.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
3.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize DZOIC LLC to debit your account renewal fees from your card.
3.3 All payments must be in US Dollars.
3.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
4.4 No refunds will be made for Services suspended in accordance with 4.1, 4.2 and 4.3.
4.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this you will be entitled to a pro rata refund based upon the remaining period of membership.
4.6 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
4.7 No Refunds will be provided for services rendered through our community. For Software refunds please see out software license.
5.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
Limitation Of Liability
6.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
6.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
6.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
6.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
6.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
8.1 This Agreement shall be governed by and construed in accordance with United States law and the laws governing the state of Michigan. You hereby submit to the non-exclusive jurisdiction of the U.S. courts.
9.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
10.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
10.2 Any abuse toward any DZOIC LLC employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing DZOIC LLC or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at DZOIC LLC or it's employees shall be considered a violation of this TOS.
10.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards DZOIC LLC or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS.
10.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. DZOIC LLC will be the sole arbitrator in regards to what is deemed a violation.
10.5 No refunds shall be given when the contents of this section necessitates removal of the account.
Cancellation of Services
11.1 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.
12.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
12.2 DZOIC LLC reserves the right to amend these Terms of Service at any time.
12.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.
Freedom to use these Terms
You ( anyone viewing this page ) are free to use these terms as a template for writing your own. Please have it reviewed by a local attorney to make certain it conforms with your applicable laws. You will also wish to confirm that the terms you create using this form as a template conform to your upstream provider.
13.1 DZOIC LLC releases rights to this document text to the reader, free of encumbrance. Except as noted in this section (13.3).
13.2 In no form can you hold DZOIC LLC responsible for any and all actions arising out of your use of these terms as your own.
13.3 If you choose to use these terms as your own, this section (13) must remain intact of content; save for our name. You agree to let others use these terms as a guide.
13.4 Our release of this text material in no way assigns rights of any images viewed herein.