Terms of Service and Acceptable Use Policy

ShowDogSites.com, also referred to as ShowDogSites.com, is a division of ShowDogSites.com Web Design ("The Company"), agrees to furnish services to the You ("Subscriber"), subject to the following TOS (Terms of Service).

Use of ShowDogSites.com Service constitutes acceptance and agreement to ShowDogSites.com AUP (Acceptable Use Policy) as well as ShowDogSites.com TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of ShowDogSites.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by The Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Oregon , county of Washington applicable to contracts enforceable in that state. Venue will be Washington County , Oregon .

Disclosure to Law Enforcement: The AUP specifically prohibits the use of ShowDogSites.com Service for illegal activities. Therefore, Subscriber agrees that The Company may disclose any and all Subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ShowDogSites.com shall have the right to terminate all service set forth in this Agreement.

Account Creation: ShowDogSites.com will set-up Subscriber's account after receipt of payment and/or the order(s) have been screened for fraud. ShowDogSites.com reserves the right to postpone or terminate any order if suspicions arise. Refunds will be distributed to any Subscriber whose order is terminated due to suspicions. Fraudulent payments are not accepted and every order is scanned. ShowDogSites.com reserves the right to phone verify any suspicious orders. Subscribers caught sending a fraudulent payment will be turned over to ShowDogSites.com collections and fraud team. From there, the fraud team will contact the appropriate authorities to ensure that this does not happen again.

Payments and Fees: ShowDogSites.com Service will be interrupted on accounts that reach 30 days past due. ShowDogSites.com Domain Name Registration Service that is interrupted for non-payment is subject to a $95 reconnect charge* (*The charge passed on to us from our domain buyer.). All other ShowDogSites.com Services that are interrupted for non-payment are subject to a $10 reconnect charge. Accounts not paid by due date are subject to a 2% late fee. Accounts that are not collectable by The Company may be turned over to an outside collection agency for collection. If Subscriber's account is turned over for collection, Subscriber agrees to pay The Company a "Processing and Collection" Fee of not less than $50, nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus interest and collection fees.

Account Cancellation and Refunds: All requests for canceling accounts must be made in writing on the day of the cancellation through e-mail sent to admin@showdogsites.com. Subscriber must have all account information to cancel. Refunds will be given on a case by case basis and will not apply to all Subscribers. Domain purchases are non-refundable.

Support Boundaries: ShowDogSites.com provides minimal technical support to our Subscribers. We limit our technical support to our area of expertise.

SPAM and Unsolicited Commercial E-mail (UCE): ShowDogSites.com takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that Subscribers of ShowDogSites.com may not use or permit others to use our network to transact in UCE. Subscribers of ShowDogSites.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of ShowDogSites.com SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ShowDogSites.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, ShowDogSites.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ShowDogSites.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ShowDogSites.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ShowDogSites.com will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $30 and the Subscriber's account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of the Subscriber's account.

Responsibility for Content: Subscriber, as ShowDogSites.com customer, is solely responsible for the content stored on and served by their assigned ShowDogSites.com server.

Resellers: As our resellers are ultimately responsible for the actions of their clients over the ShowDogSites.com network, it is advisable that resellers develop a similar or stricter policy for their clients. Subscriber acknowledges that if they choose to resell disk space and bandwidth, Subscriber is responsible for their clients. Any rule that ShowDogSites.com sets, applies to both Subscriber and Subscriber's client(s). Subscriber, as the account holder, is responsible for keeping up-to-date on what their clients are hosting and whether or not it is breaking the ShowDogSites.com TOS. ShowDogSites.com has no control over who you give hosting to, so it is your responsibility to keep watch over your own customers.

System Resource Usage (CPU/Memory/etc.): Per our AUP, abuse of system resources is prohibited. First violations of this policy will result in an "Administrative Fee" of $30 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.

Bandwidth and Disk Usage: Subscriber is allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package purchased. Should Subscriber's account pass the allocated amount, ShowDogSites.com reserves the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, and/or suspend the account until the account is upgraded to a higher level of package. Unused transfer in one month cannot be carried over to the next month. ShowDogSites.com will monitor Subscriber's bandwidth and disk usage. ShowDogSites.com shall have the right to take corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Showdogsites.com sole and absolute discretion. If ShowDogSites.com takes any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the ShowDogSites.com Network. Violations of system or network security may result in civil or criminal liability. ShowDogSites.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:

· Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

· Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

· Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

· Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.

· Taking any action in order to obtain services to which such User is not entitled.

IP Address Ownership: If ShowDogSites.com assigns Subscriber an Internet Protocol address for Subscriber's use, the right to use that Internet Protocol address shall belong only to ShowDogSites.com, and Subscriber shall have no right to use that Internet Protocol address except as permitted by ShowDogSites.com in its sole discretion in connection with the Services, during the term of this Agreement. ShowDogSites.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by ShowDogSites.com, and ShowDogSites.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Suspension of Service or Cancellation: ShowDogSites.com reserves the right to suspend network access to any Subscriber if in the judgment of the ShowDogSites.com network administrators the Subscriber's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ShowDogSites.com chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. We offer a 30-day money back providing we failed to provide you with the service as outlined for each individual hosting plan. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Miscellaneous Provisions: Subscriber must provide us with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up-to-date by contacting admin@showdogsites.com.

A waiver by The Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign Agreement at anytime without consent from or notice to Subscriber. The Company reserves right to cancel Subscriber's rights under this contract at anytime without further obligation.

ShowDogSites.com takes no responsibility for any material input by others and not posted to the ShowDogSites.com Network by ShowDogSites.com. ShowDogSites.com is not responsible for the content of any other websites linked to the ShowDogSites.com Network; links are provided as Internet navigation tools only. ShowDogSites.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Laws Affecting Electronic Commerce: From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Subscriber agrees that the Subscriber is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ShowDogSites.com and/or The Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.

Indemnification: Subscriber agrees that it shall defend, indemnify, save and hold ShowDogSites.com and The Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ShowDogSites.com and/or The Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Subscriber, its agents, employees or assigns.

Furthermore, ShowDogSites.com and/or The Company are not responsible for any damages Subscriber's business may suffer. ShowDogSites.com and/or The Company do not make implied or written warranties for any ShowDogSites.com services. ShowDogSites.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ShowDogSites.com and/or The Company. Subscriber agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ShowDogSites.com servers.

Disclaimer: ShowDogSites.com and/or The Company will not be responsible for any damages Subscriber's business may suffer. ShowDogSites.com makes no warranties of any kind, expressed or implied for services provided. ShowDogSites.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ShowDogSites.com and its employees. ShowDogSites.com will keep all information confidential unless a law or government official requests your information in writing. At which time, we are forced to give over any information we have. In no event will ShowDogSites.com be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate services provided through ShowDogSites.com.

Changes to the Terms of Service: ShowDogSites.com and/or The Company reserve the right to revise its Terms of Service at any time without notice.

Showdogsites.com Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what ShowDogSites.com expects of them while using the service. All users of Showdogsites.com Internet services: those who access this website and those who access some of our Services but do not have accounts, as well as those who pay a fee for Services, must comply with this AUP and our TOS (Terms of Service).

Use of ShowDogSites.com Service constitutes acceptance and agreement to Showdogsites.com AUP as well as Showdogsites.com TOS (Terms of Service).

IMPORTANT NOTICE: *All Payments To ShowDogSites.com Are Non-refundable Unless Otherwise Stated*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. ShowDogSites.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your ShowDogSites.com account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Showdogsites.com Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Showdogsites.com AUP:

· Ensure security and privacy of our systems and network, as well as the networks and systems of others

· Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

· Preserve the value of Internet resources as a conduit for free expression and exchange of information

While ShowDogSites.com is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both ShowDogSites.com and the Internet and cannot be permitted under the guise of free speech. The resources of ShowDogSites.com and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. 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 service. Please report all inappropriate usage concerns to admin@showdogsites.com.

You may not use your dedicated server or virtual site to publish material, which ShowDogSites.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings.

If a ShowDogSites.com account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.

Illegal use: ShowDogSites.com services may not be used for illegal purposes, or in support of illegal activities. ShowDogSites.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the ShowDogSites.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of ShowDogSites.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of ShowDogSites.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of ShowDogSites.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the ShowDogSites.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending ShowDogSites.com account.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending ShowDogSites.com account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the ShowDogSites.com service is in violation of this AUP.

Unauthorized Access: Use of the ShowDogSites.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ShowDogSites.com or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending ShowDogSites.com account is subject to immediate termination.

Copyright or trademark infringement: Use of the ShowDogSites.com service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of Personal Data: Use of the ShowDogSites.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network Disruptions and Unfriendly Activity: Use of the ShowDogSites.com service for any activity which affects the ability of other people or systems to use ShowDogSites.com Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber 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. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. ShowDogSites.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using ShowDogSites.com services could result in suspension service.

Third Party Accountability: ShowDogSites.com subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent 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 is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to; "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. ShowDogSites.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

ShowDogSites.com accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of ShowDogSites.com systems or networks. ShowDogSites.com reserves the right to terminate or limit such activities.

ShowDogSites.com has designated an agent to receive notifications regarding the violations of this AUP, as well as alleged copyright infringement pertaining to accounts serviced by ShowDogSites.com. Please send notifications of such violations and/or copyright infringement(s) to the ShowDogSites.com Abuse Department.

ShowDogSites.com follows the "Safe Harbor Provisions" under section 512 of the Digital Millennium Copyright Act (DMCA). In order to prevent a delay in response, ShowDogSites.com requests the following provided within your notification pertaining to Copyright Infringement:

· A physical or electronic signature of a person authorized to act on behalf of the owner of an inclusive right that is allegedly infringed.

· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.

· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the ShowDogSites.com to locate the material.

· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

· A statement that the information in the notification is accurate, and under penalty of the perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

· Contact information for person submitting the notification, including physical address, telephone number, and/or email address.

Failure to provide all of the above information may cause a delay in processing your notification.

ShowDogSites.com reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).