Computerdojo.com Terms of Service
Computerdojo, Inc (referred to as Computerdojo.com hereafter) permits users to browse and peruse Computerdojo.com for the purpose of accessing information, products and services to develop and grow a business presence online. By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you agree to be subject to the terms and
conditions set forth herein and all applicable laws. Computerdojo.com may revise these terms and conditions and any product offerings or pricing at anytime, without notice, at Computerdojo.com's sole discretion, by updating this posting.
Computerdojo.com's products and services may be purchased only upon your acceptance of these Terms of Service ("Terms"). Your use of or access to Computerdojo.com constitutes your Agreement to these Terms, as in effect from time to time. This offer and your acceptance thereof represents the entire agreement between you and Computerdojo.com, and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of this posting by Computerdojo.com or by written agreement by an authorized officer of Computerdojo.com (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.) The Terms and the relationship between you and Computerdojo.com shall be governed by and interpreted in accordance with the laws of The State of Texas, United States of America, without reference to its principles of conflicts of law. Computerdojo.com reserves the right to send notices to its customers of changes to the Computerdojo.com Privacy Statement or these Terms of Service, or of any material changes affecting their package.
It is your responsibility to keep Computerdojo.com notified of any changes to your e-mail address or contact information to assure that customers receive all such notices from Computerdojo.com. Billing and contact information can be updated by contacting Computerdojo.com's support department at support@computerdojo.com.
Payment Policy
Monthly Payments: Monthly payments may be made by credit card. Your credit card will be billed each month for the package you select. Your first payment may include a set-up fee, as indicated in the registration process. We will automatically bill your payment to the credit card you provide each month.
Annual Payments: Annual payments may be made by credit card, check or Western Union. Your first payment may include a set-up fee, as indicated in the registration process. If you choose to pay by credit card, we will automatically bill your payment to the credit card you provide upon the annual renewal date. If you choose to pay by check or Western Union, you will receive an e-mail that provides payment instructions 30 days before your annual renewal payment is due.
Credit Card Payments: Each customer is responsible for keeping his, her or its credit card information up to date. Computerdojo.com reserves the right to suspend an account and its Web site if, for any reason, we are not able to process payment through the credit card provided by the customer (e.g., card has expired, account number has changed).
Refund and Cancellation Policy
You are free to cancel your package at any time.
Except as provided below, the fees by Computerdojo.com for products and services are non-refundable. If you purchase a package that includes a 30-day money-back guarantee and cancel within the first thirty (30) days, you are eligible to have your first-month's hosting fees refunded. You will need to contact our Support Team to receive this refund. The 30-day money-back guarantee refers to credit-card payments only. Due to the costs associated with processing payments made by check and Western Union, we are not able to offer the 30-day money-back guarantee for customers who utilize these payment methods.
Set-up fees, fees for products not included in your package - such as domain names - and monthly membership charges incurred after the first 30 days are not refundable.
In most cases, we will process a refund using the same form of payment (e.g., credit card, check or Western Union) that was originally used to pay for the product being refunded. If we are not able to do so, we will issue the refund in the form of a check.
You have ninety (90) days to dispute any charge or payment processed by Computerdojo.com. If you have a question concerning a charge you believe is incorrect, please contact us at support@computerdojo.com.
These Terms, product offerings and pricing are subject to change at any time, without notice.
In addition, Computerdojo.com reserves the right to cancel your account at any time, for any reason, including, but not limited to, a violation of these Terms. In the event of such cancellation, Computerdojo.com may, in its sole discretion, refund none, some or all of the most recent monthly, quarterly or annual payment remitted by a canceled member just prior to cancelation.
Web Hosting
Domain Name Registrations and Renewals
The following paragraphs detail the terms and conditions for any registration or renewal of a domain name that is processed by Computerdojo.com on behalf of a customer.
Computerdojo.com is not responsible for any domain name's availability. The customer waives any and all claims against Computerdojo.com for, and hereby releases Computerdojo.com from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.
The customer agrees that any and all costs for domain name registrations or renewals shall be paid in advance.
The customer acknowledges and understands that any and all domain name registrations and renewals are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN. In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar. The terms and conditions of the Chosen Registrar can be found on the Web Site of such Chosen Registrar. Upon request, Computerdojo.com will provide the customer with the name of the Chosen Registrar.
The customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, Computerdojo.com assumes responsibility only for processing such renewal request with the Chosen Registrar. Computerdojo.com disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data.
The customer understands and accepts that any request for a domain name registration or renewal is no guarantee that such customer will receive the domain name that has been requested to be registered or renewed. The customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The customer waives any and all claims it may have against Computerdojo.com for, and hereby releases Computerdojo.com from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name in such circumstances.
In the event that Computerdojo.com chooses to accept a request for a domain name registration or renewal that requires a change of domain name registrar, the customer agrees to be solely and completely responsible for compliance with those registrars. The customer agrees to be responsible for compliance with any reseller policies in connection with a request to Computerdojo.com to renew a domain name that had previously been registered through a reseller. Computerdojo.com shall have no liability or responsibility resulting from a delay, inconvenience or expiration of a domain name as a consequence of the customer's failure to comply with the terms, conditions and/or procedures of such domain name change registrar or reseller.
Computerdojo.com bears no responsibility or obligation to notify customer of any approaching domain name expiration dates. The customer agrees to bear complete responsibility for such deadlines.
The customer agrees to continually update all information required by the Chosen Registrar.
If you participate in the Automated Domain Renewal Service, you agree to be bound by the policies and rules issued from time-to-time in connection with the Automated Domain Renewal Service. In the event of any conflict between those policies and rules and these Terms of Service, the provisions of these Terms of Service shall control.
Computerdojo.com Service and Content
Computerdojo.com makes no guarantee as to the availability of or access to (i) its Web site, (ii) any customer website or other website, information or material hosted by Computerdojo.com, or (iii) the products and/or services available on or through any of the above.
Computerdojo.com is not responsible for the content of any Web page hosted by Computerdojo.com, and the opinions and views expressed in the Web pages hosted by Computerdojo.com do not necessarily reflect those of Computerdojo.com. The contents of the Web pages hosted by Computerdojo.com are not monitored or reviewed in any way before they are published. Computerdojo.com reserves the right to disable any scripts or other technology used by a customer which has or could have a negative impact on the performance of Computerdojo.com's systems, e-mail capabilities and/or hosting environment.
Computerdojo.com services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be published on Web pages hosted by Computerdojo.com that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the Web pages hosted by Computerdojo.com.
Platform Compatibility
Computerdojo.com strives to maintain compatibility with a wide range of browsers, operating systems and individual user settings, but we cannot warrant that all of our services, tools and pages will perform optimally with every configuration. We recommend monitors set to a minimum of 256 colors, screen widths of at least 800 pixels, and ISDN or broadband connections.
Reporting a Violation of Terms of Service.
If you witness a violation of these Terms, please notify us at support@computerdojo.com. Complaints may be investigated by Computerdojo.com, but Computerdojo.com is under no obligation to act or not act with regards to any complaint. An action taken will be at the sole discretion of Computerdojo.com. Notice of violations of these Terms should be directed to:
E-mail:
support@computerdojo.com
Spam Policy
Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a Computerdojo.com-hosted Web site listed as the contact address, or any use of Computerdojo.com's services or systems associated in any way with such mailings is strictly forbidden. Computerdojo.com will immediately terminate, without any warning, the account of any customer who conducts these activities. Computerdojo.com also reserve the right to remove customers who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. Computerdojo.com reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. To report spam, please forward the spam with all original headers to abuse@computerdojo.com.
<<Computerdojo.com prohibits all scripts that automatically update a links listing and are submitted to by automated programs, either by design or by use. Use of these scripts is grounds for termination of your Computerdojo.com account without any prior notice.>>
It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in Computerdojo.com's sole discretion. Further, Computerdojo.com shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by Computerdojo.com in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
It is a violation of these Terms for you to attempt to breach or to breach the security or firewall systems of Computerdojo.com, its Internet access provider, or its Affiliates. If you become aware of such an attempt to breach or actual breach, please notify us at abuse@computerdojo.com. Complaints may be investigated by Computerdojo.com but Computerdojo.com is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of Computerdojo.com. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to:
E-mail:
support@computerdojo.com
Notices of such problems should contain the following information:
1. Identification of the security or firewall system that complainant believes was breached or on which a breach was attempted.
2. Identification of the individual or entity who has attempted to or actually committed the breach.
3. Identification and description of the nature of the attempted or actual breach.
4. The address, telephone number, or e-mail address of the complaining party.
5. A statement, under penalty of perjury, that the information in the notification is accurate.
Computerdojo.com and Affiliates shall not have any obligation to refund payments made by customers terminated for violating these Terms.
Computerdojo.com reserves the right to terminate in its sole discretion any Computerdojo.com-hosted Web site because of the traffic or bandwidth requirement of such Web site exceeds the limitations for Bandwidth usage set forth below or in the event such website's usage creates other operational or technological problems.
Limits on Bandwidth Usage
Data transfer is limited to a monthly maximum dictated by your level of package and additional purchases. In the event that you exceed your bandwidth limitation, you may be contacted by support and given an opportunity to expand your bandwidth limitation.
In the event that you fail to respond to such e-mail contact and Computerdojo.com determines that you have exceeded such usage during any given month, Computerdojo.com reserves the right to suspend visitor access to the account until the next calendar month OR upgrade your package to the next higher package level that is sufficient to satisfy your Bandwidth usage during the month in which you exceeded such limit. Thereafter, your monthly package fee would be revised accordingly to the posted monthly for such package level. Any amounts payable by you in connection with your package shall be payable in U.S. currency. Your failure to pay any required fees or charges may result in termination of your Computerdojo.com package.
Reporting a Violation of Terms of Service.
If you witness a violation of these Terms, please notify us at abuse@computerdojo.com. Complaints may be investigated by Computerdojo.com but Computerdojo.com is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of Computerdojo.com. Notice of violations of these Terms should be directed to:
E-mail:
support@computerdojo.com
Notices of such problems should contain the following information:
1. Identification of the individual or entity which complainant believes has violated these Terms.
2. Identification and description of the nature of the violation.
3. The address, telephone number, or e-mail address of the complaining party.
4. A statement, under penalty of perjury, that the information in the notification is accurate.
Intellectual Property Infringement
It is Computerdojo.com's policy to protect the intellectual property rights of others and to act expeditiously upon notice of claimed infringement, to investigate and to take appropriate actions. Computerdojo.com will terminate all customers and users who are repeat infringers of intellectual property laws.
It is also Computerdojo.com's policy to protect its own intellectual property rights. Any infringement of Computerdojo.com's intellectual property rights will result in immediate termination by Computerdojo.com of the infringing Computerdojo.com's contract. However, Computerdojo.com will permit fair use of its trademarks.
Any questions about what constitutes fair use versus infringement should be directed to:
E-mail:
support@computerdojo.com
Copyright Infringement
Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, Computerdojo.com will act expeditiously to remove or disable access to any material claimed to be a copyright infringement. Notices of copyright infringement should be directed to:
E-mail:
support@computerdojo.com
Notices of copyright infringement should contain the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number, or e-mail address of the complaining party.
5. 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.
6. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When Computerdojo.com removes or disables access to any material claimed to be a copyright infringement, Computerdojo.com may attempt to contact the user or customer who has posted such material in order to give that user or customer an opportunity to respond to the notification, although Computerdojo.com makes no promise to do so. Any and all counter notifications submitted by the user or customer will be furnished to the complaining party. Computerdojo.com will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Computerdojo.com replaces or restores access to any material as a result of any counter notification.
LIABILITY LIMITATION
YOU AGREE THAT ALL ACCESS AND USE OF Computerdojo.com AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL Computerdojo.com BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE (i) Computerdojo.com AND/OR ITS CONTENT, (ii) ANY TOOLS OR SERVICES ON Computerdojo.com, (iii) ANY CUSTOMER WEBSITE OR ANY CONTENT ON SUCH WEBSITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING Computerdojo.com.
WARRANTY LIMITATION
Computerdojo.com AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH Computerdojo.com IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY Computerdojo.com.
Severability
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Waiver Of Jury Trial
Both you and Computerdojo.com hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and Computerdojo.com each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
Miscellaneous
These Terms shall bind and benefit the successors and heirs of the parties.
By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of Texas having jurisdiction over you.
Updated November 20, 2004