Terms Of Use

The following Terms of Use (TOU) apply to ALL Dec2g Media Group customers:
Dec2g Media Group Services
Dec2g Media Group's services include, but are not limited to:

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 Dec2g Media Group provides to customers);
any use by customers, or any access provided to customers by Dec2g Media Group, of computing, telecommunications, software, information, hardware, and equipment;
any act, or provision of any service, by Dec2g Media Group 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;
any provision by Dec2g Media Group to customers, of any space, Internet connectivity, or electrical power;
any access or use related to the Dec2g Media Group's Web site, including the Web site itself;
any other service mentioned in the TOU;
any other service provided by Dec2g Media Group to customers, whether used or not;
any other Dec2g Media Group services that are used by customers, whether offered or provided by Dec2g Media Group to customers.

Ownership of Web Site
The legal owner of customers' Web sites and accounts with Dec2g Media Group will be the individual or organization whose name is listed in Dec2g Media Group's database as the owner. Customers will fully cooperate with and abide by any and all of Dec2g Media Group's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Dec2g Media Group.

Illegal Use
Dec2g Media Group servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Dec2g Media Group services, all Dec2g Media Group customers certify that they and/or the organization they represent in procuring services from Dec2g Media Group are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming
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 Dec2g Media Group'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 Dec2g Media Group server, and selling or distributing software (on a Web site residing on a Dec2g Media Group server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Dec2g Media Group reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. 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.

Viruses and Other Destructive Activities
Use of Dec2g Media Group'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 Dec2g Media Group's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Dec2g Media Group customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Dec2g Media Group customer (per the DMCA) to Dec2g Media Group must follow the below procedures. Copyright infringement notifications submitted to Dec2g Media Group 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 Dec2g Media Group's sole discretion.

DMCA Copyright Infringement Notification Requirements

Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material claimed to infringe the copyright(s), and enough information for Dec2g Media Group to locate it including URLs and specific descriptions of the infringing material at each URL.
The Claimant's name, address, and telephone number(s).
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.
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.
Mail the notification to:

Dec2g Media Group, LLC

Adult Content
Pornography and sex-related merchandising are prohibited on Dec2g Media Group servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Child Pornography
The use of Dec2g Media Group's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Dec2g Media Group 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.
Privacy
Dec2g Media Group 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, Dec2g Media Group urges its customers to assume that all of their on-line communications are insecure. Dec2g Media Group cannot take any responsibility for the security of information transmitted over Dec2g Media Group's facilities.
Customer Responsibility
Customers are required to use the Dec2g Media Group network responsibly. This includes respecting the other customers of Dec2g Media Group. Dec2g Media Group reserves the right to suspend and/or cancel service with any customer who uses the Dec2g Media Group network in such a way that adversely affects other Dec2g Media Group customers. While Dec2g Media Group may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Dec2g Media Group does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Dec2g Media Group becomes aware of any violation of the TOU or other user agreements, Dec2g Media Group may take any action to stop or correct such violation, including, but not limited to, denying access to Dec2g Media Group's services and equipment or to the Internet. In addition, Dec2g Media Group may take action against a customer or a customer of such customer because of the activities of such customer. Dec2g Media Group anticipates that customers who offer Internet services will cooperate with Dec2g Media Group in any corrective or preventive action that Dec2g Media Group deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Dec2g Media Group policy and Dec2g Media Group reserves the right to take any such action even though such action may affect other customers of the Dec2g Media Group customer.
Actions Taken by Dec2g Media Group
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Dec2g Media Group will be the sole arbiter as to what constitutes a violation of the TOU. Dec2g Media Group reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Dec2g Media Group becomes aware of an alleged violation of its TOU, Dec2g Media Group will initiate an investigation. During the investigation, Dec2g Media Group may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Dec2g Media Group 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, Dec2g Media Group 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. Dec2g Media Group 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 Dec2g Media Group.
Indemnification
Dec2g Media Group customers agree to protect, defend, hold harmless, and indemnify Dec2g Media Group, any third party entity related to Dec2g Media Group (including, without limitation, third party vendors), and Dec2g Media Group's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Dec2g Media Group, 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 Dec2g Media Group's services.
Disclaimer
The Dec2g Media Group 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. Dec2g Media Group expressly disclaims any representation or warranty that the Dec2g Media Group service will be error-free, secure or uninterrupted. No oral advice or written information given by Dec2g Media Group, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Dec2g Media Group 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.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Dec2g Media Group may immediately terminate provision of Dec2g Media Group'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 Dec2g Media Group in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL DEC2G MEDIA GROUP (INCLUDING, WITHOUT LIMITATION, DEC2G MEDIA GROUP'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS DEC2G MEDIA GROUP, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING DEC2G MEDIA GROUP'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 DEC2G MEDIA GROUP 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 DEC2G MEDIA GROUP SERVICES EVEN IF DEC2G MEDIA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEC2G MEDIA GROUP'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR DEC2G MEDIA GROUP'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY DEC2G MEDIA GROUP OR DEC2G MEDIA GROUP'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.
Modifications
Dec2g Media Group 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 Dec2g Media Group's services. Certain changes to Dec2g Media Group's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Dec2g Media Group is not liable, for any and all such personalized applications and content, except as expressly agreed to by Dec2g Media Group.
Backup of Data
Except where Dec2g Media Group has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Dec2g Media Group 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 Dec2g Media Group services.
Third Party Licenses
Dec2g Media Group 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, Dec2g Media Group 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, Dec2g Media Group specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Dec2g Media Group liable in any way for the revocation of any license, which has been licensed to Dec2g Media Group. The use of the Technologies obtained from or through Dec2g Media Group, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Dec2g Media Group Products
Any mention of non-Dec2g Media Group products by Dec2g Media Group, its employees, or any third party entity related to Dec2g Media Group is for information purposes only and does not constitute an endorsement or recommendation by Dec2g Media Group. Dec2g Media Group disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Dec2g Media Group products or services.
Dec2g Media Group's Intellectual Property
Customers will not, without Dec2g Media Group's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Dec2g Media Group's Web site, and customers will not use any of Dec2g Media Group's trademarks, service marks, copyrighted materials, or other intellectual property without Dec2g Media Group's express written consent. Customers will not, in any way, misrepresent their relationship with Dec2g Media Group, attempt to pass themselves off as Dec2g Media Group, or claim that customers are Dec2g Media Group.
Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Dec2g Media Group's services, either in whole or in part, without the prior written consent of Dec2g Media Group.
Minimum Age Requirement
Dec2g Media Group 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 Dec2g Media Group 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 Dec2g Media Group services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Dec2g Media Group's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Dec2g Media Group's services will be deemed null and void to the extent that Dec2g Media Group will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Dec2g Media Group's services.
Governing Law and Severability
The TOU, and any other agreement for Dec2g Media Group services, will be governed by and construed in accordance with the laws of the State of Oregon, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Dec2g Media Group will take place in Oregon, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Dec2g Media Group 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.
Force Majeure
Dec2g Media Group will not be liable for delays in its performance of the TOU or Dec2g Media Group services caused by circumstances beyond Dec2g Media Group's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Dec2g Media Group will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Dec2g Media Group services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Dec2g Media Group.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Dec2g Media Group and its customers. Each of Dec2g Media Group and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
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.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Dec2g Media Group services, constitutes the complete understanding and agreement between Dec2g Media Group and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Dec2g Media Group, 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 Dec2g Media Group services is between Dec2g Media Group and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Dec2g Media Group.
Dec2g Media Group Customer Billing Policy
The following Terms of Use constitute Dec2g Media Group's Billing Policy and apply to ALL Dec2g Media Group customers:
Payments
All charges are shown in US Dollars. Payments are to be made in US dollars. Dec2g Media Group accepts the following types of payment:

Credit Card (VISA, MasterCard, American Express)
Check or Money Order

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 Dec2g Media Group your credit card information, you authorize Dec2g Media Group 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 Dec2g Media Group's Billing Policy in the TOU. You are responsible for directly updating, or notifying Dec2g Media Group, 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 (10) days past due will be automatically suspended. Reactivation of a hosting account will include a $5.00 service charge, and reactivation of a reseller account will include a $15.00 service charge. Dedicated subscribers which are past due will be subject to a $25.00 late payment fee per past due invoice. 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.
Billing Cycles (Terms)
Dec2g Media Group offers two Billing Cycles (terms) for hosting charges: Monthly, and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Non-credit card payment methods are limited to Annual Billing Cycles:
You may elect to change your Billing Cycle at any time.
Additional items included dedicated IP addresses and SSL Certificates are non-refundable.
Account Renewals
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.
Statements
Dec2g Media Group does not mail paper invoices or statements. Statements can be viewed and printed through the Redux Account Manager.
Fees
Returned (NSF) Checks
Dec2g Media Group 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.
Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback received by Dec2g Media Group.
Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Dec2g Media Group's Billing Department via billing@networkredux.com. Dec2g Media Group's customer service 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. Non-US customers may contact Dec2g Media Group's Billing Team via email at billing@NetworkRedux.com.
Cancellation requests must be received by Dec2g Media Group a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) 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 Dec2g Media Group. Dec2g Media Group is unable to cancel your account effective for a future date. Dec2g Media Group will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Dec2g Media Group as soon as possible.
Dec2g Media Group will not provide partial refunds for early terminations. Annual service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination.
Dec2g Media Group 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 Dec2g Media Group's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Dec2g Media Group, LLC reserves the right to cancel any account, at any time, without notice, for any reason Dec2g Media Group LLC considers appropriate.
30-Day Money Back Guarantee
Each of Dec2g Media Group'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.
Refund Policy
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.
Credit Card Disputes/Chargebacks
Dec2g Media Group 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 Dec2g Media Group's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
Billing/Price Changes
Dec2g Media Group's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Last Updated: 01/29/2007