This Agreement is between Datajockeys, LLC, doing business as Datajockeys, LLC duly authorized and existing under the laws of the State of Oregon with its main office at PO Box 2093, Hillsboro, OR 97123, and the Customer(s) or Account Holder(s) (individual User(s) of this Service) for the provisions by Datajockeys, LLC, and its affiliated companies, to provide certain computer network services as more particularly described below, and is considered execute on Customer's use of Datajockeys, LLC's service. This Agreement covers Datajockeys, LLC's guidelines for Internet Provider and World Wide Web Page Hosting Services.
1. Access
Datajockeys, LLC shall require an appropriate and legal method of access to provide the Customer a link to Datajockeys, LLC. It is understood that Datajockeys, LLC does not normally own or control the various cable, telecommunications or other facilities to which it may provide access, except those specifically identified as belonging to Datajockeys, LLC. Arrangements for use of, or access to, such facilities must be made with those who own or control them. The Customer is responsible for providing operating and maintaining the necessary cabling, computer hardware and software used for this service at their site. Datajockeys, LLC access shall be offered to the Customer in accordance with the criteria set by Datajockeys, LLC, as listed in Exhibit A. The Customer shall be responsible for user/access security and network access. Datajockeys, LLC provides no user access security with respect to any at the Customer facilities or facilities of others. Datajockeys, LLC will assist in network security breach detection or identification, but shall not be liable for any inability, failure or mistake in doing so. All local access installation and dial-up cost are the responsibility of the Customer.
2. Home Page Maintenance
Datajockeys, LLC will assign a password and account to Customer. Customer is responsible to update and maintain it's Home Page and associated information on the Internet. Datajockeys, LLC is not liable for data integrity and graphical file images. Only home pages whose content are the Customer's own and not of any other entity are allowed. The Customer shall not resell its own web space as provided with the service. Datajockeys, LLC allows most forms of home page hosting but does require Datajockeys, LLC's consent for all adult based web sites including sites pertaining to violence, nudity, and sex. Bandwidth policies do apply to all home page hosting. Please view the Bandwidth Policies page.
3. Network Use
No more than the Datajockeys, LLC specified number of network connections can be used at any time with an Datajockeys, LLC account as paid for by the Customer and assigned by Datajockeys, LLC. An Datajockeys, LLC session is defined as a connection between a Customer's host computer and modem (or access device) using the public switch telephone system, public data networks (e.g. ISDN), or any other form of interconnection media.
4. Anniversary Date
For this service, the Customer shall commit to Datajockeys, LLC through their credit card, or invoice, the full network connection costs including setup and periodic service fees. The setup fee is non-refundable. Service Commencement is initiated on the basis of the receipt of the validated credit card information, or invoice, committing to the appropriate fees. Datajockeys, LLC will debit Customer's credit card, or account, for these charges. Datajockeys, LLC reserves the right to evaluate all account usage, quarterly, and adjust monthly fees in accordance with usage; with the lowest fees being Datajockeys, LLC's relevant published fees.
5. Domain Name Policy and Fees
Enom, Inc. serves as the InterNIC domain name registrar under a cooperative agreement sponsored by the National Science Foundation. It is suggested that Customer review the following information published by InterNIC:
Fees and Procedures
Invoicing and Payment Procedures
Frequently Asked Questions
Domain Name Registration Form
Our policies concerning Domain Name Registration will also apply to this agreement.
6. Warranties
Neither Datajockeys, LLC nor its affiliated companies warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) under this Agreement. The Customer is responsible for the integrity of its data and all graphical files. Datajockeys, LLC assumes no responsibility for any damages suffered by Customer, including but not limited to, loss of data from delays, non-deliveries, mis-deliveries, or service interruptions caused by Datajockeys, LLC and/or its affiliated companies' own negligence of Customer's errors and/or omission.
No Warranty on Related Hardware or Software Products
Datajockeys, LLC makes no warranty with respect to any software of hardware used or provided by Datajockeys, LLC in connection with this service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product. WT.net assumes no responsibility for any actions or liabilities arising from the possession or use of this software or hardware products.
7. Limitation of Liability
Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or the provision of the service or equipment, however caused, whether grounded in contract, or tort (including negligence) or theory of strict Liability. The parties agree to work in good faith to implement the purposes of this Agreement, but recognize that the network connection and services to be provided by Datajockeys, LLC can not be made available under these terms or similar terms without a substantial increase in cost if the parties were to assume a greater degree of liability to each other.
8. Term/Extension/Termination
This Agreement shall extend from the Anniversary date, until one month from the Anniversary date, and shall continue year-by-year as per this Agreement. Relevant fee refers to the published price of Datajockeys, LLC's service fees. Customer is responsible to notify Datajockeys, LLC of any changes in their name, address, credit card information, etc. Termination from Datajockeys, LLC will only be accepted as stated in our AUP
9. Notices
All correspondence given by our Customers that are electronically mailed (E-Mailed) or telephoned in shall be confirmed in writing under this Agreement and addressed to
Datajockeys, LLC
PO Box 2093
Hillsboro, OR 97123
10. Access to Other Networks
Use of other Networks may sometimes require approval of the respective network authorities and use will be subject to any acceptable usage policies such network establishes.
11. Regulation and Authorization
All services to be provided by the Customer either in part or in total through Datajockeys, LLC are appropriate subject to relevant Federal and State regulations. If these same services are offered through other networks, Datajockeys, LLC accepts no responsibility for their authorization. This service may only be used for lawful purposes. Materials and/or transmission in violation of any local, state, Federal or international regulations is prohibited. This includes, but is not limited to, copyright material, threatening or obscene material, or material protected by trade secret. Customer agrees to indemnify and hold harmless Datajockeys, LLC from any claims resulting from Customer and third party use of this service.
12. Proration of Fees
Service is bought in yearly increments, and service is terminated by Customer via written requests, or service is terminated by Datajockeys, LLC. Customer will not receive any refunds.
13. Rates
Datajockeys, LLC's U.S. Standard service costs for Datajockeys, LLC services is outlined in its web hosting plans. Prices are subject to change in proportion with business needs as required.
14. Assignment
The Customer shall not sell, resell, transfer, or assign this Agreement without the prior written consent of Datajockeys, LLC. Any act in derogation of the foregoing shall make this Agreement null and void; provided, however, that any such assignment shall not relieve the Customer of their obligations under this Agreement.
15. Severability and Entire Agreement
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other Agreement or Understanding, written or oral.
16. Datajockeys, LLC Termination
Datajockeys, LLC retains the right to terminate Customer's account for any reason it solely determines. The Customer specifically waives the right to sue or have the ability to surrogate those rights for any losses. If Datajockeys, LLC terminates your service, Datajockeys, LLC will not refund any unused yearly service fees.
Exhibit A
Datajockeys, LLC Acceptable Use Policy
Exhibit B: NSFNET Backbone Acceptable Use Policy
General Principle
1. NSFNET Backbone services are provided to support open research and education in and among US research and instructional institutions, plus research arms of for-profit firms when engaged in open scholarly communications and research. Use for other purposes is not acceptable. Specifically Acceptable Uses:
2. Communication with foreign researchers and educators in connection with research or instruction, as long as any network that the foreign user employs for such communication provides reciprocal access to US researchers and educators.
3. Communication and exchange for professional development, to maintain currency, or to debate issues in a field or subfield of knowledge.
4. Use for disciplinary-society, university-association, government-advisory, or standards activities related to the user's research and instructional activities.
5. Use in applying for or administering grants or contracts for research or instruction, but not for other fund-raising or public relations activities.
6. Any other administrative communication or activities in direct support of research and instruction.
7. Announcements of new products or services for use in research or instruction, but not advertising of any kind.
8. Any traffic originating from a network of another member agency of the Federal Networking Council if the traffic meets the acceptable use policy of that agency.
9. Communication incidental to otherwise acceptable use, except for illegal or specifically unacceptable use.
Unacceptable Uses
1. Use for for-profit activities (consulting for pay, sales or administration of campus stores, sales tickets to sports events, and so on) or use by for-profit institutions unless covered by the General Principle or as a specifically acceptable use.
2. Extensive use for private or personal business. This statement applies to use of NSFNET Backbone only. NSF expects that connecting networks will formulate their own use policies. The NSF Division of Networking and Communication Research and Infrastructure will resolve any questions about this Policy or its interpretation.
3. Continuous use of the service(s) is considered an acceptance of the terms and conditions discussed above.
