Acceptable Use Policy

Account Setup

Upon account setup and activation user agrees to be bound by all guidelines as outlined in our Acceptable Use Policy (AUP).

Refusal Of Service
We reserve the right to refuse, terminate, or suspend service at our sole discretion.

Content
All services provided by Process Consulting, Inc. dba Dogbark must be used only for lawful purposes. Any account that is found to be either questionable or in violation of this policy will be terminated without warning. As a user, it is your responsibility to request approval if you have doubt or you are unsure on whether your content is acceptable.

All users of our system agree to indemnify and hold DogBark guiltless for any judgment or action taken against them due to their actions or content that is placed on our system.

Spam
The sending of unsolicited emails, or spamming, is prohibited on all DogBark servers. You are responsible for all email addresses associated with your account and for all emails that are sent through your domain. Any account found in violation of our no-tolerance spam policy will be immediately terminated without warning.

Our AUP requires that all mass mailings be sent to closed-loop, or double opt-in recipients only. A closed-loop opt-in system consists of sending the opt-in recipient a single confirmation email at the time of sign-up, which they must act upon before being added to that list. If a recipient does not confirm their subscription, they should be sent no further messages.

This method of mass mailing is required per our AUP, and will also ensure that mailings are being sent only to recipients that genuinely wish to receive them, reducing the number of complaints.

If you fail to abide by these policies and your account is terminated for spamming there is a termination fee of $175 for shared accounts and $300 for dedicated servers. This cost covers the hours that are required to terminate the server and contact all of the primary email providers to ensure the server isn’t blacklisted. If you are terminated for spamming your account will be removed without warning and all of your files will be deleted. The termination fee is then automatically charged to the credit card that was on file for your account.

10% Of Server Resources
Usage of more than 10% of DogBark system resources at any given time is a harmful burden and is completely unacceptable. Any account found in violation by using more than 10% of the system resources at any given time will be terminated from the system immediately without warning.

Backup Your Content
Your are responsible for keeping current backups of your files. Although, DogBark conducts routine system backups and can often restore client data we are not responsible for file or data lost. If you incur file or data loss you agree to hold DogBark guiltless.

Payment and Cancellation
Each account is automatically renewed for an additional term upon your contract due date and the account balance is then debited from the credit card on file for your account. If you are a credit card paying client and the transaction is declined on your due date, a $0.50 fee will be applied against your current balance for each declined charge due to the late payment on your account. If at anytime you wish to cancel service you must complete our online cancellation form 48 hours before your next due date in order to avoid the automatic account renewal. Cancellation of your hosting account is solely your responsibility. There is no cancellation fee or penalty for terminating a hosting account. However, if you cancel your account after billing has occurred there is no refund for the remaining time unused.

Domain Registration
All domain names are registered using the Administrative, Technical and Billing Contacts specified when you place an order. Since the domain name is registered in your name you receive full rights to the domain name. All domain registrations are for a one-year period and they are set to automatically renew 30-days before the next due date to ensure that you maintain control of your domain. If you do not wish to renew your domain name please contact us 30-days before the domain expiration date and we will then remove the automatic renewal feature from your account. If the domain name is not hosted by DogBark the renewal rate is $35.00/year and you must contact DogBark with the proper billing information to ensure the domain is properly renewed. There are no refunds for either registered or renewed domain names.

Technical Support
DogBark offers multiple forms of customer support. All clients should utilize the online knowledgebase and help desk to receive support from DogBark. In the event that the previous methods do not bring about your satisfaction telephone support is also available. As a user of our system you agree not to abuse our customer support. DogBark will be the sole arbiter as to what constitutes a violation of this provision. Customer support does not include the debugging of any client content.

Failure To Follow Our Policies
Failure to follow any term or condition will be grounds for immediate account termination. No refunds are guaranteed under any circumstances and any that is given is solely at the discretion of DogBark.

Instant Account Termination
Neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its terms.

Limitation Of Liability
DogBark shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Dogbark’s servers going off-line or being unavailable for any reason whatsoever. DogBark makes no warranties of any kind, expressed or implied, for services we provide. DogBark disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DogBark and its employees. Further, DogBark shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of DogBark’s servers.

Indemnification
Client agrees to indemnify DogBark for the violation of any law or DogBark policy that results in loss to DogBark or the bringing of any claim against DogBark. In the event DogBark is sued as result of activities of the client that violate any law, or this policy, the client agrees to pay any damages awarded against DogBark, plus costs and reasonable attorneys’ fees.

DogBark shall be the sole arbiter of what is and is not a violation of these acceptable use policies. DogBark reserves the right to terminate an account at any time and for any reason that causes harm to any DogBark client’s web sites. DogBark reserves the right to delete all content and files upon termination. DogBark reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. DogBark reserves the right to refuse, cancel, or suspend service at our sole discretion.

DogBark reserves the right to change the Acceptable Use Policy and hosting plan configurations without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

Violations of these Acceptable Use Policies should be brought to our attention immediately. All complaints will be investigated promptly.

Finalization Of Policies
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. The exclusive jurisdiction and venue for any disputes arising out of this Agreement shall be the federal or state courts located in New York, New York, and all parties hereby consent to personal jurisdiction and venue therein.

DogBark and Client hereby knowingly, voluntarily and intentionally waive the right to a trial by jury in respect of any claim based hereon, arising out of, under or in connection with this agreement or any other documents contemplated to be executed in connection herewith or any course of conduct, course of dealings, statements (whether verbal or written) or actions of any party relating to the parties’ business relationship, and agree that no party will seek to consolidate any such action with any other action in which a jury trial cannot be or has not been waived. This waiver constitutes a material inducement for DogBark to accept this agreement.

This agreement supersedes any written, electronic, oral or implied communication you may have had with DogBark or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

With Dog Bark you do not have to worry that you will be stuck in an unhappy and binding situation. To make sure you are completely and utterly satisfied with your hosting package, we will give you a full 30 days to try us out, risk free and 15 days on renewal of service. If you decide you want to cancel, you’ll receive your money back, no questions asked. A real ‘no hassle’ guarantee!If you have a question or problem, our expert support team will resolve it within 6 hours by e-mail or you can call our 24 hour technical help line and speak to a friendly, knowledgeable customer service representative.* Please note, there is no refund for domain registration. Guarantee starts on the date of initial signup.30 days money back guarantee or 15 day on all renewal excluding domains. (Only Hosting)