DONOBi
The Internet Solutions Company

 

Acceptable Use Policy & Terms of Service

Updated 10-19-2007

Table of Contents

1. INTRODUCTION Back to Table of Contents

This Terms of Service Agreement ("Agreement") is made between DONOBi ("DONOBi") and you (referred herein as "you," "User," or "Subscriber") and governs the use of the DONOBi Internet access service and related features ("Services"). By establishing an account or using these Services, you agree to be bound by this Agreement and to use these Services in compliance with this Agreement and the DONOBi Acceptable Use Policy (“AUP”) incorporated herein. If at any time you choose not to agree to any or all of the terms and conditions set forth in the Agreement and the AUP, you must terminate your use of these Services as set forth in Section 3. DONOBi reserves the right to modify this Agreement and the AUP in its discretion by posting changes online at least 30 days in advance of the effective date of any changes. You are responsible for regularly reviewing the Agreement and related documents to obtain timely notice of such changes. Your non-termination or continued use of these Services after changes become effective constitutes your acceptance of this agreement as modified by the posted changes.

2. SUBSCRIPTION REQUIREMENTS Back to Table of Contents

You must be at least 18 years of age in order to subscribe to these Services. Local access and dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. DONOBi is not responsible for any long-distance, toll, or other telecommunications charges you incur.

3. BILLING: Back to Table of Contents

3.1 USAGE Back to Table of Contents

You are fully responsible for all usage and charges incurred by the use of our services, including but not limited to the use of the login name/password or network connection assigned to you. If you use DONOBi's service at any time during the billing period during which you cancel, you will be responsible for that months service. After the 5th day of your service period, you will be responsible for the full months charges even if you cancel the account and regardless of usage during that billing period.

If you lose your password or suspect that it has been compromised you should promptly contact DONOBi. It is required of all users that any services purchased from DONOBi, Inc. not be used in any manner that would be considered illegal under local, state or federal law.

3.2 CHARGES, PAYMENTS AND RESPONSIBILITIES Back to Table of Contents

All invoices are due and payable in advance of services rendered, on or before the due date stipulated on invoice unless other payment terms have been authorized. Alternative payment terms can only be authorized by 1) completing a DONOBi credit application and receiving an approved term credit account and/or 2) a specific alternative contractual agreement.

You agree that you understand and accept these Terms and Conditions and agree to pay for these services according to the billing policies currently in effect using the rates as posted on DONOBi's website or available in print at the DONOBi office. DONOBi will not raise prices on prepaid contracts. Prepaid account balances or credits do not constitute prepaid contracts. Any setup fees that have been paid are non-refundable.

DONOBi will not accept or honor post-dated checks, nor any form of payment which contains any limitation or condition to immediate payment or how that payment is applied to customer’s account.

Checks not honored by either party’s bank and returned unpaid for any reason will be assessed a return check fee of $25.00 per item. Checks not accepted by by either party’s banking institution will not be returned except at DONOBi’s sole discretion and only upon customer’s written request and payment in full of outstanding balance, including late charges and returned item fees, if any.

If you have requested automatic credit card or debit card payments, by giving us your charge card information you authorize DONOBi to perform repetitive credit card billing until notified in writing that your account is terminated or payment method is modified. If any payment by charge card is refused by the credit card agency more than three times for any reason other than input error, you will immediately be deemed in default and subject to a $25.00 service charge.

If you are using a credit card or debit card for prepayment of regular billing, you are responsible for notifying DONOBi of any changes to your credit card or debit card account status, including any changes in charge card numbers and/or expiration dates. Failure to do so could cause the termination of your account without notice.

3.2.1 PROPER NOTIFICATION OF DESIRED CHANGES TO ACCOUNTS Back to Table of Contents

Proper notification includes timely direct contact with a member of the DONOBi Customer Service staff in person or via mail, phone, fax or email to:

DONOBI
PO Box 2015
Silverdale, WA 98383
Email: csr@DONOBi.com
Toll-Free Phone: (866) 866-5454

You agree to keep DONOBi properly informed of your contact information including your name, postal mailing address, and telephone number. This includes your email address if you normally use an email address other than the one assigned and provided for you by DONOBi’s service.

3.2.2 LATE PAYMENT CHARGES Back to Table of Contents

If payment has not been received by the 10th day after the stipulated due date, a two percent (2%) per month (as permitted by law) late charge will be assessed, with a minimum late charge of $5.00 per month. If payment is not received within the terms specified under these Terms of Service, service can be suspended without further notice.

You agree to pay reasonable late charges as permitted by law, attorney fees, collection agency fees and other costs associates with collection efforts on all amounts due and owing that have not been disputed in writing. Items disputed in writing will be exempt from late charges until a formal written determination and response in resolution of the dispute has been sent by DONOBi, at which time late charges will begin to accrue if applicable.

We can accept late payments, partial payments or checks and money orders marked “payment in full” and any other restrictive endorsement without losing any of our rights or entitlements under our Terms of Service for any remaining balance due, including but not limited to late fees and other collections costs.

You agree that if your account does not comply with these Terms of Service, DONOBi may, at its sole discretion, require that all future payments be made in advance of service by credit card.

3.2.3 NON-PAYMENT Back to Table of Contents

If we do not receive your payment when due, a monthly late fee will be assessed in accordance with Section 3.2.2. Accounts more than 30 days past due will be forwarded to our Collections Department.

3.3 TERMINATION OF SERVICE Back to Table of Contents

This Agreement applies to you for as long as you remain a subscriber to any of the Services ("Term"). You may terminate this Agreement and your use of the Services at any time and for any reason by providing notice to the DONOBi Customer Service Department in person or via mail, phone, fax or email to csr@DONOBi.com. Failure to pay a proper billing invoice does not constitute proper notification, and you are responsible for all fees accrued to your account until proper notification is received, regardless of usage.

DONOBi may terminate this Agreement, your password, your account, and/or your use of these Services without prior warning for any reason, including but not limited to failure to pay any charges when due, if someone using your account has violated this Agreement or the AUP. All terms and provisions of this Agreement shall survive its termination, including, without limitation: Section 1, Section 3, Section 12, Section 13, and Section 14.

DONOBi may elect to send notice of any violations to you before termination, but is not required to do so. When an account has been terminated, the reactivation of the old account or the acquisition of a new account will only be allowed by the express approval of DONOBi. The account may be held responsible for any charges associated with installation or activation, whether it is for a new account, or a suspended or terminated account. Section 1, Section 3, Section 12, Section 13, and Section 14 shall survive the termination of this agreement.

3.3.1 REFUNDS Back to Table of Contents

Refund requests must be submitted on DONOBi’s Refund Request Form, and the account holder’s signature must be received prior to processing. Refunds will be provided for all prepaid full months. Prepaid accounts that received special discounts will be charged for the period(s) of service up to the date of cancellation at the standard monthly rate(s). There will be a $10.00 processing fee deducted from the total refund.

Please allow 4-6 weeks for reimbursement payment.

If your service is cancelled for misuse according to these Terms and Conditions, DONOBi reserves the right to apply additional fees and/or administrative costs incurred to your account prior to reimbursement.

3.3.1.1 METHOD OF REFUND Back to Table of Contents

Refunds will be issued back to the credit card or debit card on file for customers that have paid by credit card or debit card. If this information has been cleared from our records for security purposes, DONOBi may request that your credit card or debit card information be resubmitted in order to process the refund. (Refund Request Form - PDF)

Refunds will be issued in the form of a company check to customers that have paid by cash, check or money order.

3.4 TEMPORARY SUSPENSION OF SERVICE Back to Table of Contents

3.4.1 SUSPENSION OF SERVICE FOR NON-PAYMENT Back to Table of Contents

If your account is in default for non-payment, your service may be interrupted. Such interruption will not relieve you from the obligation to pay DONOBi's monthly account charges. You agree to pay DONOBi its reasonable expenses, including attorneys and collection agency fees, incurred in enforcing its rights. Termination of your account does not remove your responsibility under this agreement to pay all fees incurred up to the date the account was cancelled or suspended, including any collection fees incurred by DONOBi.

3.4.2 VOLUNTARY SUSPENSION OF SERVICE Back to Table of Contents

You may temporarily suspend your Internet access account for a minimum of one month up to a maximum of three months by properly notifying DONOBi of your request to suspend your account. While your account is suspended, you may not login to the modem communications devices at DONOBi. While your account is suspended, your email account will also be inaccessible. (DONOBi does have an Email Only service if you need to access your email during this time.)

4. ACCOUNT USAGE, SECURITY, AND PASSWORDBack to Table of Contents

You agree that you will be the only user of your user name/password or network connection and that you will not transfer or disclose either your user name or password to any other person, except that you may at your own risk and responsibility permit other members of your family or business associates to access these Services using your user name and password. You shall ensure that any such users comply with this Agreement and the AUP and you will be responsible for all usage of these Services and any other services accessed through these Services on your account whether or not authorized by you. You acknowledge that you are aware that certain content accessible through these Services may contain material that is unsuitable for minors. You agree to supervise any minor’s use of these Services through your account.

5. ACCEPTABLE USAGE POLICY Back to Table of Contents

You are entitled to use only one Internet login at a time per account unless your account type specifically (in writing) provides for more than one simultaneous dial-up login. Using more than one Internet login at a time, or any usage contrary to these Terms and Conditions by any party knowingly allowed to use the account are grounds for appropriate billing of the services used plus reasonable charges to cover administrative costs for such transgressions and/or termination of service.

5.1 DIAL-UP ACCOUNTS Back to Table of Contents

Unlimited access accounts are for intermittent usage/connection to our system as long as you are physically in front of your computer and actively using the connection. This use includes sending and receiving mail, downloading files, surfing the web and using Internet Relay Chat (IRC). Furthermore, all connections are limited to a single concurrent dialup modem connection unless specifically authorized otherwise in the terms of a specific access account. You may not act as an Internet server while connected to DONOBi unless specifically agreed to in writing.

5.1.1 DIAL-UP ACCOUNT ACTIVE USE POLICY Back to Table of Contents

We expect that you will promptly disconnect your modem from our dial-up facility when you are not actively using the connection. If we discover that your system is connected to DONOBi but idle (not sending or receiving data) we may disconnect its session.

Using auto-dialers and programs that send small amounts of data to mimic the appearance of activity is strictly forbidden. This rule is intended to be a deterrent to those users who may use these programs.

In order to ensure that all users have an opportunity to access the system, while still allowing us to provide service at a fair cost, any usage over 200 hours per month on a standard dial-up account will be considered "dedicated access". This equates to approximately 6.5 hours per day or 8.25 hours per business day. For standard dial-up service, sessions will be disconnected after approximately 6 hours of continuous connect time.

 

If we discover you are violating this policy, your account may be automatically upgraded to a "dedicated dial-up access" billing rate, you may be disconnected immediately, and / or your account may be terminated immediately without warning.

 

  

 

5.2 ISDN Back to Table of Contents

We expect that you will promptly disconnect your modem from our dialup facility when you are not actively using the connection. If we discover that your system is connected to DONOBi but idle (not sending or receiving data) we may disconnect you.

In any case, you will be disconnected after approximately 6-8 hours of continuous connect time. These procedures are designed to ensure that all of our users will have an opportunity to access the system. We expect customers to follow these basic rules and help to make everyone's online experiences more enjoyable.


5.3 DSL Back to Table of Contents

Customers are bound to all standard DONOBi Terms of Service in addition to those of the telecommunications company providing their DSL line.

5.4 FIBER-OPTIC Back to Table of Contents

DONOBi reserves the right to limit or disable users that are deemed to be using resources in excess of their account provisions. The use of a hardware firewall to protect your systems from the open nature of the fiber networks is strongly recommended.

5.4.1 FIBER-OPTIC RESIDENTIAL AND BUSINESS USE Back to Table of Contents

Residential fiber optic service is a “High Speed service” and does not provide Business

Class/Heavy Usage service to the end user. Business Class/Heavy Usage service is defined as any customer using more than 7GB of usage within one month of service.

5.5 SHARED TENANT SERVICES Back to Table of Contents

DONOBi’s Shared Tenant Services is an amenity provided to multi-unit complexes used

for high-speed access. The nature of the connection does not guarantee any specific rate of connection for the end user. For the purposes of this service, DONOBi’s Customer is the property owner, not the end user.

5.6 VIOLATIONS OF DONOBi’S ACCEPTABLE USAGE POLICY Back to Table of Contents

The following constitutes violations of this policy:

  • Using our services to transmit material that either intentionally or unintentionally violates any applicable local, state, national, or international law.
  • Using our services to transmit material that either threatens or encourages bodily harm or destruction of property.
  • Using our services to transmit material that harasses another.
  • Using our services for fraudulent activity (such as “chain letters”,” pyramid schemes”, and/or “Ponzi schemes”)
  • Users may not add, remove, or modify identifying network header information to further their efforts to deceive or mislead.
  • Users may not attempt to impersonate any person by using forged headers or other identifying information. Using anonymous remailers or nicknames does not violate this policy. Nor does using deliberately misleading headers in news postings in order to avoid spam email address collectors.
  • Using our services to transmit unsolicited commercial email or unsolicited bulk email.
  • Using our services to access or attempt to access the accounts of others.
  • Performing port scanning.
  • Using our services to penetrate or attempt to penetrate security measures of DONOBi or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not such action results in loss of or corruption of data.
  • Using our Services for any activity that adversely affects the ability of other people or systems to use or access DONOBi Services and/or the Internet. This includes “denial of service” (DoS) attacks against another network host or individual user.
  • Using our services to transmit any material that infringes any copyright, trademark, trade secret, patent, or other proprietary rights of any third party (such as copying copyrighted material, the digitization and distribution of photographs from magazines, books, etc, and unauthorized transmittal of copyrighted software).
  • Using our services to attempt to collect personal information about third parties without their knowledge or consent whether successful or not.
  • Reselling our services without our explicit authorization (in writing). Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
  • Using our services to run a server without prior written approval (such as a server used for file sharing, web page hosting, etc).

6. STATIC IP ADDRESSES Back to Table of Contents

IP addresses are assigned & rented, not given, are not portable, and do not become property of the recipient. DONOBi may reduce, reallocate, or reassign IP address assignments at any time and for any reason. Assignment of an IP address to a customer does not constitute approval to run servers.

7. EMAIL Back to Table of Contents

All Internet access service accounts may include up to five individual email accounts with separate email user id's and passwords. All multiple email services for a single account will alternately use the same solitary dialup connection provided for the account by DONOBi. Up to 25MB of temporary storage space are provided for email messages.

DONOBi may email its users with billing invoice notices or notify users of important announcements regarding changes to terms of service or impending actions that may affect services provided by DONOBi.

See below for description, policy, and consequences of violations regarding email usage.

8. WEB SITE HOSTING Back to Table of Contents

Web Site Hosting is a service in which DONOBi provides the Customer with space on one of its web servers. The Customer is provided with access to this space and is fully responsible for any content they upload to the server. DONOBi highly reccomends that Customers using this service keep a current back-up copy of their site on their local machine or other storage medium. Customer agrees not to sublet any server capacity to any party without the prior express written consent of DONOBi.

8.1. ACCEPTABLE CONTENT Back to Table of Contents

You acknowledge and agree (i) that the use of your web site hosting and any content, information, and all other aspects of your web site will not violate the AUP, any applicable law, or any rights of another, (ii) that you are solely responsible for the content, quality, performance, and all other aspects of the information or other content contained in or provided through your personal web site and (iii) that DONOBi has no proprietary, financial, or other interest in any of the content or information that may be described in or made available through your personal web site. DONOBi may, without prior notice, terminate your personal web site if DONOBi, in its sole discretion, believes that you have violated this Section. 

 

8.2. DONOBi PROVIDED DOMAIN NAMES Back to Table of Contents

 

If DONOBi provides you with a domain name that has the names or marks of DONOBi embedded therein ("DONOBi.net Domain Name"), you may use the DONOBi.net Domain Name only during the Term. DONOBi shall own the DONOBi.net Domain Name and the DONOBi.net Domain Name may be subject to change by DONOBi or the applicable domain name registry. Other than for identifying the location of your web site, you may not use the name or any marks of DONOBi or any of its affiliates in any press release, promotional materials, or other manner without the express written approval of DONOBi.  

 

8.3. THROUGHPUT Back to Table of Contents

 

The Customer site will be allowed up to 5 Gb of throughput per month. If monthly throughput is consistently exceeding the allotted 500 megabytes, the customer will be notified. Additional throughput will be made available to the customer, in increments of 2 Gb at $10.00 per month (before discount).

8.4. INSTALLATION AND SETUP Back to Table of Contents

DONOBi will create a directory on the DONOBi Web Server for Customer's Web documents. Customer agrees that any fees charged by any third party associated with the registration of Customer's Domain Name (e.g., InterNIC) are the sole responsibility of Customer. DONOBi will provide general support of FTP settings required to transfer files to the Web Space.

 

8.5. PERSONAL WEB SPACE Back to Table of Contents

 

Some account types include Personal Web Space. This Web Space is not designed, intended, nor is to be used as commercial-grade service. This service is provided for customers to post their own personal web page, learning about basic web page development, or to store small files. DONOBi reserves the right to limit access to personal web sites that exceed 500MB/month of data throughput or contain content defined as unacceptable in section 8.5.1.

DONOBi is in no way responsible for the content of these pages and does not provide any kind of back-up or data-recovery services for the personal web server. It is highly reccomended that customers keep a current back-up of files that they post in their web space.

 

8.5.1 PERSONAL WEB SPACE ACCEPTABLE CONTENT Back to Table of Contents

 

All terms and conditions under section 8.1. shall apply to Personal Web Space. Also, you hereby acknowledge and accept that you will only use the space for non-commercial purposes and will not incorporate any advertisements in the content.

8.5.2. OWNERSHIP OF CONTENT Back to Table of Contents

You shall own all graphics, text or other information or content supplied by you for incorporation into or delivery through your personal website. DONOBi shall own any software developed or modified by DONOBi and all graphics, text or other information or content materials supplied by DONOBi for incorporation into your web site ("DONOBi Materials"). You may only use the DONOBi Materials in association with your personal website and only during the Term. 

9. DOMAIN REGISTRATION Back to Table of Contents

If DONOBi provides you with domain registration services, you agree to our Registration Agreement terms found at: http://www.donobi.com/register_agreement.php

10. MONITORING OF SERVICES Back to Table of Contents

DONOBi has no obligation to monitor these Services, but may do so and disclose information regarding use of the Services for any reason if DONOBi, in its sole discretion, believes that it is reasonable to do so, including to: (i) satisfy laws, regulations, or governmental or legal requests; (ii) operate these Services properly; or (iii) protect itself and its Subscribers. 

11. INDEMNIFICATION Back to Table of Contents

You agree to indemnify, defend, and hold harmless DONOBi and its subsidiaries, affiliates, officers, employees, agents, suppliers, or other partners from any and all third party claims, liabilities, costs, and expenses, including reasonable attorneys fees, arising from your use of these Services, your violation of this Agreement, or your violation of any rights of another.

12. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES Back to Table of Contents

YOU ASSUME TOTAL RESPONSIBILITY FOR USE OF THESE SERVICES AND THE INTERNET AND ACCESS THE SAME AT YOUR OWN RISK. DONOBi EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET AND DONOBi EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS. DONOBi SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INFORMATION OR DATA, OR INTERRUPTED COMMUNICATIONS, ARISING OUT OF OR RELATED TO THE SERVICE. UNDER NO CIRCUMSTANCES WILL DONOBi BE LIABLE TO YOU OR ANY THIRD PARTIES FOR AN AMOUNT GREATER THAN THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING A SIX MONTH PERIOD.

THESE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DONOBi MAKES NO WARRANTY OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. DONOBi DOES NOT WARRANT THAT THESE SERVICES SHALL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. DISPUTE RESOLUTION Back to Table of Contents

A. Governing Law. This agreement will be construed and enforced in accordance with the laws of the State of Washington

B. Venue. You hereby irrevocably consent to the exclusive jurisdiction and venue in Washington Superior Court in Kitsap County, or in the United States District Court for the Western District of Washington in Tacoma.

14. SEVERABILITY Back to Table of Contents

If any provision of this agreement is determined invalid, the remainder of this agreement shall remain valid and enforceable.

15. COMPLETE AGREEMENT Back to Table of Contents

The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings, and all other agreements, oral or written, between the parties relating to this Agreement.

16. MISCELLANEOUS Back to Table of Contents

This Agreement and the Acceptable Use Policy constitute the entire agreement between you and DONOBi with respect to your use of these Services. DONOBi may assign this Agreement and your rights and obligations under this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement without DONOBi's prior written consent. DONOBi's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or rights.