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Terms of Use |
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All users of CheapDotNet's services, and all
customers upon signing up for CheapDotNet's services, agree to comply with
CheapDotNet's Terms of Use ("TOU"). The spirit of the TOU is to ensure
customers are using CheapDotNet's services with due regard to the rights of
other Internet users and in conformity with the requirements of CheapDotNet's
network environment. The TOU are not exhaustive and CheapDotNet reserves the
right to add, delete, or modify any provision of its TOU at any time without
notice, effective upon either the posting of the modified TOU to
www.CheapDotNet.com or notification of the modified TOU. Any complaints about a
customer's violation of the TOU should be sent to
support@CheapDotNet.com. The TOU supersedes any other agreement with
CheapDotNet, whether written, oral, by conduct, or otherwise. |
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A. CheapDotNet Web Hosting & Ecommerce Customer Restrictions
B. All CheapDotNet Customer Terms of Use
C. All CheapDotNet Customer Billing Policy
A. CheapDotNet Web Hosting & Ecommerce Customer
Restrictions
The following Terms of Use apply only to CheapDotNet's Web Hosting and
Ecommerce customers, and supplement the terms in sections C and D that apply to
all CheapDotNet customers:
Any Web site that uses a high amount of server resources (such as, but not
limited to, CPU time, memory usage, and network resources) will be given the
option to either pay additional fees (which will depend on the resources
required), reduce the resources used to an acceptable level, or upgrade its
service to a Dedicated Server plan. CheapDotNet will be the sole arbiter of
what is considered to be a high server usage level. All Web Hosting accounts
come with a limit of 5,000 files per account. Each block of 5,000 files after
the initial 5,000 will incur an additional charge of US$9.95/month. Any Web
Hosting account deemed to be adversely affecting server performance or
network integrity will be shut down without prior notice.
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Sending unsolicited bulk and/or commercial messages over the Internet (known as
"spamming") is prohibited, regardless of whether or not it overloads a server
or disrupts service to CheapDotNet's customers. The term "spamming" also
includes, but is not limited to, maintaining an open SMTP policy, engaging in
spamming using the service of another ISP or IPP and referencing in the spam a
Web site hosted on a CheapDotNet server, and selling or distributing software
(on a Web site residing on a CheapDotNet server) that facilitates spamming.
Violators will be assessed a minimum fine of $200 and will face immediate
suspension. CheapDotNet reserves the right to determine, in its sole and
absolute discretion, what constitutes a violation of this provision.
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Any scripts that pose a potential security risk or are deemed to be adversely
affecting server performance or network integrity will be shut down or will be
automatically removed without prior notice. CheapDotNet does not permit CGI
script sharing with domains not hosted by CheapDotNet or any scripts that may
be abused for UCE purposes.
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CheapDotNet does not allow Web Hosting customers to install their own chat
rooms. Chat rooms tend to require significant system resources and therefore
cannot be permitted as an account option.
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CheapDotNet may allow programs to run in the background. These programs will be
considered on an individual basis and Web Hosting customers will incur extra
charges based on system resources used and operational maintenance needed. If
you wish to run background programs please contact CheapDotNet at
support@CheapDotNet.com so that we can arrange set-up.
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CheapDotNet does not allow IRC or IRC bots to be operated by Web Hosting
customers.
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CheapDotNet's Web Hosting accounts are not configured for the purposes of
distributing software and/or multimedia products. If you wish to distribute
software and/or multimedia files, please contact
sales@CheapDotNet.com to make special arrangements.
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Multimedia files are defined as any graphics, audio, and video files.
CheapDotNet Web Hosting accounts are not to be used for the purposes of
distributing and storing unusual amounts of multimedia files. Any Web site
whose disk space usage for storing multimedia files exceeds 70% of its total
usage, in terms of total size or number of files, will be considered to be
using an unusual amount of multimedia files
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B. All CheapDotNet Customer Terms of Use
The following Terms of Use apply to ALL CheapDotNet customers:
CheapDotNet's services include, but are not limited to:
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any act of preparing, setting up, connecting, maintaining, terminating, or
reconnecting customers' account (including all billing data and the space on
the particular Web server that CheapDotNet provides to customers);
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any use by customers, or any access provided to customers by CheapDotNet, of
computing, telecommunications, software, information, hardware, and equipment;
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any act, or provision of any service, by CheapDotNet to customers, related to
Web hosting and domain name registrations (including server usage and technical
support), regardless of duration and whether paid for or not;
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any provision by CheapDotNet to customers, of any space, Internet connectivity,
or electrical power;
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any access or use related to the CheapDotNet's Web site, including the Web site
itself;
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any other service mentioned in the TOU;
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any other service provided by CheapDotNet to customers, whether used or not;
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any other CheapDotNet services that are used by customers, whether offered or
provided by CheapDotNet to customers.
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The legal owner of customers' Web sites and accounts with CheapDotNet will be
the individual or organization whose name is listed in CheapDotNet's database
as the owner. Customers will fully cooperate with and abide by any and all of
CheapDotNet's security measures and procedures in the event of any dispute over
ownership of customers' Web sites and accounts with CheapDotNet.
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Sending unsolicited bulk and/or commercial messages over the Internet (known as
"spamming") is prohibited, regardless of whether or not it overloads a server
or disrupts service to CheapDotNet's customers. The term "spamming" also
includes, but is not limited to, maintaining an open SMTP policy, engaging in
spamming using the service of another ISP or IPP and referencing in the spam a
Web site hosted on a CheapDotNet server, and selling or distributing software
(on a Web site residing on a CheapDotNet server) that facilitates spamming.
Violators will be assessed a minimum fine of US$200 and will face immediate
suspension. CheapDotNet reserves the right to determine, in its sole and
absolute discretion, what constitutes a violation of this provision.
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Violations of system or network security are prohibited and may result in
criminal and civil liability. Examples of system or network security violations
include, without limitation the following: unauthorized access to or use of
data, systems or networks, including any attempt to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without express authorization of the owner of the system or network;
interference with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a system
and broadcast attacks; forging of any TCP-IP packet header or any part of the
header information in an email or a newsgroup posting.
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Use of CheapDotNet's services or equipment for creating or sending Internet
viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or
engaging in denial of service attacks is prohibited. It is also prohibited for
any customer to engage in other activity that is intended to disrupt or
interfere with, or that results in the disruption of or interference with, the
ability of others to effectively use CheapDotNet's services and equipment (or
any connected network, system, service or equipment) or conduct their business
over the Internet.
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The Digital Millennium Copyright Act ("DMCA") sets forth the
law regarding the use of copyrighted materials on the Internet. All CheapDotNet
customers are subject to the requirements of the DMCA. Individuals or entities
submitting notifications of copyright infringement by a CheapDotNet customer
(per the DMCA) to CheapDotNet must follow the below procedures. Copyright
infringement notifications submitted to CheapDotNet according to these
procedures will be processed within 21 days of receipt. Customers who are the
subject of a DMCA notification that meets the below criteria may be subject to
account termination at CheapDotNet's sole discretion.
DMCA Copyright Infringement Notification Requirements
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Signature of the copyright owner or a person authorized to act on the copyright
owner's behalf (the "Claimant").
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Identification of the copyrighted work(s) claimed to have been infringed.
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Identification of the material claimed to infringe the copyright(s), and enough
information for CheapDotNet to locate it including URLs and specific
descriptions of the infringing material at each URL.
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The Claimant's name, address, and telephone number(s).
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A statement that the Claimant has a good faith belief that use of the disputed
material is not authorized by the copyright owner or his agent.
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A statement, under penalty of perjury, that the information in the notification
of copyright infringement is accurate and that the Claimant is authorized to
act on behalf of the copyright owner.
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Mail the notification to:
CheapDotNet Corporation
Legal Department - DMCA Complaints
1 North State Street 12th Floor
Chicago, IL 60602 USA
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The use of CheapDotNet's services to store, post, display, transmit, advertise
or otherwise make available child pornography is prohibited. CheapDotNet is
required by law, and will, notify law enforcement agencies when it becomes
aware of the presence of child pornography on, or being transmitted through,
its services.
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CheapDotNet is concerned with the privacy of on-line communications and Web
sites. In general, the Internet is neither more nor less secure than other
means of communication, including mail, facsimile, and voice telephone service,
all of which can be intercepted and otherwise compromised. As a matter of
prudence, however, CheapDotNet urges its customers to assume that all of their
on-line communications are insecure. CheapDotNet cannot take any responsibility
for the security of information transmitted over CheapDotNet's facilities.
Additional details on privacy and CheapDotNet's use of customer information can
be found in CheapDotNet's Privacy Statement located here.
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Customers are required to use the CheapDotNet network responsibly. This
includes respecting the other customers of CheapDotNet. CheapDotNet reserves
the right to suspend and/or cancel service with any customer who uses the
CheapDotNet network in such a way that adversely affects other CheapDotNet
customers. While CheapDotNet may monitor its service electronically to
determine that its facilities are operating satisfactorily, as a general
practice, CheapDotNet does not monitor its customers' communications or
activities to determine whether they are in compliance with the TOU. However,
when CheapDotNet becomes aware of any violation of the TOU or other user
agreements, CheapDotNet may take any action to stop or correct such violation,
including, but not limited to, denying access to CheapDotNet's services and
equipment or to the Internet. In addition, CheapDotNet may take action against
a customer or a customer of such customer because of the activities of such
customer. CheapDotNet anticipates that customers who offer Internet services
will cooperate with CheapDotNet in any corrective or preventive action that
CheapDotNet deems necessary. Failure to cooperate with such corrective or
preventive measures is a violation of CheapDotNet policy and CheapDotNet
reserves the right to take any such action even though such action may affect
other customers of the CheapDotNet customer.
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The failure by a customer to meet or follow any of the TOU is grounds for
account deactivation. CheapDotNet will be the sole arbiter as to what
constitutes a violation of the TOU. CheapDotNet reserves the right to remove
any account without prior notice and to refuse service to anyone at any time.
When CheapDotNet becomes aware of an alleged violation of its TOU, CheapDotNet
will initiate an investigation. During the investigation, CheapDotNet may
restrict a customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation, CheapDotNet
may, at its sole discretion, restrict, suspend, or terminate a customer's Web
hosting account and/or pursue other civil remedies. If such violation is a
criminal offense, CheapDotNet will notify the appropriate law enforcement
authorities of such violation. An unlisted activity may also be a violation of
the TOU if it is illegal, irresponsible, or constitutes disruptive use of the
Internet. CheapDotNet does not issue credits for outages incurred through
service disablement resulting from TOU violations. Violators of the policy are
responsible, without limitations, for the cost of labor to rectify any damage
done to the operation of the network and business operations supported by the
network, and to respond to complaints incurred by CheapDotNet.
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CheapDotNet customers agree to protect, defend, hold harmless, and indemnify
CheapDotNet, any third party entity related to CheapDotNet (including, without
limitation, third party vendors), and CheapDotNet's executives, directors,
officers, attorneys, managers, employees, consultants, contractors, agents,
parent companies, subsidiaries, and co-subsidiaries with the same parent
company as CheapDotNet, from and against any and all liabilities, losses,
costs, judgments, damages, claims, or causes of actions, including, without
limitation, any and all legal fees and expenses, arising out of or resulting in
any from the customer's use of CheapDotNet's services.
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The CheapDotNet service is provided on an as is, as available basis without
warranties of any kind, either express or implied, including, but not limited
to, warranties of merchantability, fitness for a particular purpose or
non-infringement. CheapDotNet expressly disclaims any representation or
warranty that the CheapDotNet service will be error-free, secure or
uninterrupted. No oral advice or written information given by CheapDotNet, its
employees, licensors or the like, will create a warranty; nor may you rely on
any such information or advice. CheapDotNet and its partners and suppliers will
not be liable for any cost or damage arising either directly or indirectly from
any transaction or use of the service.
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If a customer becomes insolvent or any bankruptcy petition is filed by the
customer, or any third party against the customer, CheapDotNet may immediately
terminate provision of CheapDotNet's services to the customer without prior
notice or penalty. Such customer consents to the grant of relief from any
automatic stay of proceedings against CheapDotNet in such event.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO
THEORY OF LAW OR EQUITY, WILL CheapDotNet (INCLUDING, WITHOUT LIMITATION,
CheapDotNet'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES,
CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES,
CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS CheapDotNet, AFFILIATES,
THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING CheapDotNet'S SERVICES, BE
LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS,
REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR
CheapDotNet SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY CheapDotNet SERVICES
EVEN IF CheapDotNet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CheapDotNet'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD
PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR CheapDotNet'S SERVICES,
INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION
BY CheapDotNet OR CheapDotNet'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF
LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR
AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES,
LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE
DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
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CheapDotNet may discontinue, upgrade, replace, modify, or change in any way,
without limitation, any software, application, program, data, hardware,
equipment, or portions or components thereof, used to provide customers with
CheapDotNet's services. Certain changes to CheapDotNet's services may affect
the operation of customers' personalized applications and content. Each
customer is solely responsible, and CheapDotNet is not liable, for any and all
such personalized applications and content, except as expressly agreed to by
CheapDotNet.
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Except where CheapDotNet has expressly agreed in writing to the contrary,
customers are solely and entirely responsible, and CheapDotNet is in NO way
responsible, for the management and backup of all customer data, and all
updates, upgrades, and patches to any software that customers use in connection
with CheapDotNet services.
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CheapDotNet makes a reasonable effort to provide customers with technologies,
developments, and innovations (collectively "Technologies"), part of which may
be licensed, or co-branded, from or by, third party entities. However,
CheapDotNet makes NO warranty of any kind, either express or implied, regarding
the quality, accuracy, reliability, validity, or continued existence of any or
all aspects of such Technologies. Moreover, CheapDotNet specifically disclaims
all warranties of merchantability and and fitness for a particular purpose for
such Technologies. Furthermore, no customer will hold CheapDotNet liable in any
way for the revocation of any license, which has been licensed to CheapDotNet.
The use of the Technologies obtained from or through CheapDotNet, or any other
referred third party, whether directly or indirectly, is at the sole risk of
customers.
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Any mention of non-CheapDotNet products by CheapDotNet, its employees, or any
third party entity related to CheapDotNet is for information purposes only and
does not constitute an endorsement or recommendation by CheapDotNet.
CheapDotNet disclaims any and all liabilities for any representation or
warranty made by the vendors of such non-CheapDotNet products or services.
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Customers will not, without CheapDotNet's express written consent, copy,
reproduce, republish, or otherwise use any material, in whole or in part, that
is located on CheapDotNet's Web site, and customers will not use any of
CheapDotNet's trademarks, service marks, copyrighted materials, or other
intellectual property without CheapDotNet's express written consent. Customers
will not, in any way, misrepresent their relationship with CheapDotNet, attempt
to pass themselves off as CheapDotNet, or claim that customers are CheapDotNet.
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Customers may not assign or delegate their rights or obligations under the TOU
or other agreement for CheapDotNet's services, either in whole or in part,
without the prior written consent of CheapDotNet.
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CheapDotNet customers must be at least 18 years of age. Any individual under
the age of 18 years ("Minor") must have a parent or guardian accept the TOU in
order for the Minor to become a CheapDotNet customer. A parent or guardian who
accepts the TOU on behalf of a Minor will be primarily liable for ensuring
complete and proper compliance with the TOU, including the timely and full
payment of the charges for CheapDotNet services, and such primary liability
will continue even when the Minor has attained the age of 18, unless the parent
or guardian obtains CheapDotNet's express written consent to the contrary. Any
acceptance of the TOU or any other agreement for CheapDotNet's services will be
deemed null and void to the extent that CheapDotNet will not be liable in any
way as a result of the Minor's age or legal incapacity or the Minor's use of
CheapDotNet's services.
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The TOU, and any other agreement for CheapDotNet services, will be governed by
and construed in accordance with the laws of the State of Illinois, USA without
reference to its conflicts of laws principles. Any litigation or arbitration
between a customer and CheapDotNet will take place in Illinois, and the
customer will consent to personal jurisdiction and venue in that jurisdiction.
If any provision or portion of the TOU or other CheapDotNet agreement is found
by a court of competent jurisdiction to be unenforceable for any reason, the
remainder of the TOU or the agreement will continue in full force and effect.
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Wherever in this TOU the masculine, feminine, or neuter gender is used, it will
be construed as including all genders, and wherever the singular is used, it
will be deemed to include the plural and vice versa, where the context so
requires. The division of the TOU into sections/paragraphs, and the insertion
of headings/captions, are for convenience of reference only and will not affect
the construction or interpretation of the TOU. Any rule of construction to the
effect that any ambiguity is to be resolved against the drafting party will not
be applicable in the construction or interpretation of the TOU.
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The TOU, and/or any other specific agreement for CheapDotNet services,
constitutes the complete understanding and agreement between CheapDotNet and
its customers. Except when expressly agreed to the contrary in signed writing
by an authorized representative of CheapDotNet, the TOU supersedes any other
written (including digitized/computerized) agreement, oral agreement, and/or
agreement by conduct. This TOU, and/or any other specific agreement for
CheapDotNet services is between CheapDotNet and its customers only and will not
confer any rights in any third party except as otherwise expressly provided by
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C. All CheapDotNet Customer Billing Policy
The following Terms of Use constitute CheapDotNet's Billing Policy and apply to
ALL CheapDotNet customers:
All charges are shown in US Dollars. Payments are to be made in
US dollars. CheapDotNet accepts the payment thorugh the Credit Card such
as: VISA and MasterCard.
All payments are due on the Account Statement Date. The Account Statement Date
is the monthly anniversary of the date the account was activated. If you
provide CheapDotNet your credit card information, you authorize CheapDotNet to
automatically charge your credit or debit card for charges that apply to your
account. Recurring charges will be posted to your credit card until such time
that you cancel your account in accordance with CheapDotNet's Billing Policy in
the TOU. Charges subsequent to your initial order will accumulate in your
account until such charges exceed $9.95. CheapDotNet will then automatically
charge your credit card on the next Account Statement Date. You are responsible
for directly updating, or notifying CheapDotNet, of any changes to your credit
card (including, but not limited to card number, expiration date, billing
address, or card status).
Customers not paying by credit card agree to make payment of their balance due
within ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically suspended.
All past due and unpaid balances are subject to collection. In the event of
collection, you will be liable for costs of collection including attorney's
fees, court costs, and collection agency fees.
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CheapDotNet offers three Billing Cycles (terms) for hosting charges: Monthly,
Half Yearly(6 months) and Yearly (12 months). The Billing Cycle begins on the
Plan Activation Date. Non-credit card payment methods are limited to
Annual or Quarterly Billing Cycles.
You may elect to change your Billing Cycle at any time; however, the new
Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional
items are non-refundable.
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In order to insure uninterrupted service to your website, all plans will
automatically renew at the end of the plan's Billing Cycle. Plan renewal
charges are based on the prevailing rate on the date of renewal according to
the service selected. Plans are renewed for the same billing cycle. If you wish
to cancel your plan before plan renewal, please refer to the Cancellation
section below.
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If you like to print out your invoices, please send an email to our billing
department at billing@cheapdotnet.com
and we will process your invoice within 7 - 14 days. Once the invoice is ready,
we will sent it to you directly via email.
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Returned (NSF) Checks
CheapDotNet charges a $25.00 fee for returned (NSF) checks. Customers that
issue an NSF check will be required to submit future payments with a certified
check or money order.
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Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback
received by CheapDotNet.
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Reactivation
Customers that wish to reactivate a closed account will be assessed a $10.00
reactivation fee.
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Hosting Plan Changes
Customers electing to change to a lower priced hosting plan on the same
platform will be charged a $19.95 downgrade fee. There is no upgrade fee for
upgrading to a higher priced plan, however, you will be charged any difference
between the setup fee applicable to your new and former plans.
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Account Splits and Mergers
CheapDotNet encourages customers to merge hosting plans contained in two or
more accounts into one account. There is no fee for this service. Customers may
also request that CheapDotNet separate one or more plans contained under one
account into separate accounts. The fee for this service is $19.95 for each new
account created and is charged to the new account. Please direct all requests
for these services to: billing@CheapDotNet.com.
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Hosting plans will automatically renew until a plan is cancelled. In order to
cancel service, you must contact CheapDotNet's Customer Service Team at
support@cheapdotnet.com. CheapDotNet's customer support
representatives will assist you with the cancellation process. Please be aware
that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by CheapDotNet a minimum of seven (7)
days prior to the end of your Billing Cycle for all other plans. Cancellations
submitted later than this time may result in automatic renewal of your hosting
plan. Cancellations become effective on the day processed by CheapDotNet.
CheapDotNet is unable to cancel your account effective for a future date.
CheapDotNet will confirm the cancellation request when it is processed. If you
do not receive a confirmation, please contact CheapDotNet as soon as possible.
CheapDotNet does not monitor, and will not automatically cancel, plans for
problems related to domain name transfers, non-usage, Internic, your ISP, or
any other secondary issues not directly related to CheapDotNet's services.
Cancellation of services does not relieve the customer from paying any
outstanding balance owed on the account. CheapDotNet Corporation reserves the
right to cancel any account, at any time, without notice, for any reason
CheapDotNet Corporation considers appropriate.
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Each of CheapDotNet's shared hosting plans carries a 30-day unconditional money
back guarantee. If you are not completely satisfied with our services or
support within the first 30 days, you will be given a full refund of the fees
paid in advance (excluding setup fees) upon plan cancellation. The following
services do not qualify for the 30 Day Money Back Guarantee: additional items
and services; domain name registration; dedicated servers; items and services
ordered through the reseller program; domain parking plus; and overage fees.
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Refunds are only available in accordance with the 30 Day Money
Back Guarantee. Refunds will be provided in the same payment method of the
original payment. There are no refunds offered or promised after 30 days.
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CheapDotNet has a zero tolerance policy for chargebacks. Any
customer who disputes a credit card payment is subject to a fine, suspension
and account termination at CheapDotNet's discretion. A charge of $25.00 per
chargeback will be assessed to all accounts that receive a chargeback.
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| CheapDotNet's policies and prices are subject to change without
notice. Any price changes become effective in the next billing cycle. |
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