between DotMeBaby and you (Customer) that shall govern the
purchase and use of the service(s) provided by DotMeBaby to
By purchasing and/or using our services, you represent that you
have read, understand, and agree to all terms and conditions set
forth in this agreement, and that you are at least eighteen (18)
years old and have the legal ability to engage in a contract in
the State of California.
If you do not agree to all the terms and conditions set forth in
this Agreement, then you may not use any of the Services. If you
are already a customer of DotMeBaby and do not agree with the
terms and conditions set forth in this Agreement, you should
immediately contact DotMeBaby to cancel your Services.
1. OWNERSHIP AND SERVICES PURCHASED
The individual or entity set out in our records as the
primary billing contact shall be the owner of the account.
The features and details of the Services governed by this
Agreement are described on the web pages setting out the
particular services or products you have purchased based on
their description on the Service Description. DotMeBaby may
modify the products and services it offers from time-to-time.
Certain aspects of the Services are provided by third
parties. These third parties may have reserved the right to make
changes, including material changes, to the services provided by
them. You may terminate this Agreement if such a change
materially affects the Services.
2. TERM OF AGREEMENT
This Agreement becomes effective immediately when Customer
clicks “I Agree.” and remains effective and binding until the
end of the billing term or if terminated by either party.
3. OBEYING THE LAW
DotMeBaby is registered and located within the United States
of America and we are required to comply with the laws and
official policies of the United States of America, regardless of
where the Services are provided. In addition, DotMeBaby will
comply with appropriate laws and official policies set forth by
the State of California.
4. PAYMENTS AND BILLING
DotMeBaby will automatically bill your payment method on
file. All fees are billed in United States Dollars (USD).
Your Billing Period is the period of time you have chosen to
utilize services. For example, your Billing Period may be
monthly or annually.
DotMeBaby is only able to automatically collect payment from
customers with credit cards stored on file.
It is your responsibility to ensure that all billing
information on file with DotMeBaby is accurate, and that the
credit card on file has sufficient funds for processing.
You are solely responsible for any and all fees charged to
your credit card by the issuer, bank, or financial institution
including, but not limited to, membership, overdraft,
insufficient funds and over the credit limit fees.
DotMeBaby screens all orders for fraud and other unethical
practices. Services will not be activated until this fraud
screen is completed. In certain cases, if your account is
flagged for fraud, third party services, such as domain name
registrations, will not be processed. DotMeBaby has no liability
for the failure to provide Services, including third party
services, if your account fails its fraud screen.
5. LATE PAYMENTS
Any service unpaid to to failure of payment methods will be
given a five day grace period.
DotMeBaby reserves the right to suspend or terminate
Service(s) for non-payment.
DotMeBaby is not responsible for any damages or losses as a
result of suspension or termination for non-payment of your
DotMeBaby reserves the right to refuse to re-activate your
Services until any and all outstanding invoice(s) have been paid
6. CHARGEBACKS, REVERSALS, AND RETRIEVALS
If DotMeBaby receives a chargeback or payment dispute from a
credit card company or bank, your Services may be suspended
without notice. A $50 chargeback fee (issued to recoup mandatory
fees passed on to DotMeBaby by the credit card company), plus
any outstanding balances accrued as a result of the
chargeback(s), must be paid in full before service is restored.
Instead of issuing a chargeback, please contact DotMeBaby's
billing team to address any billing issues.
If DotMeBaby appeals a chargeback or other payment dispute
and wins the dispute or appeal, the funds will likely be
returned to DotMeBaby by the credit card company or bank. Any
double payment resulting from this process will be applied to
Customer's account in the form of a service credit.
7. CANCELLATION OF SERVICES
All charges for services purchased by you as specified by
DotMeBaby remain in effect until such time a cancellation
request is submitted specifying termination of said service.
Either party may terminate this Agreement by providing notice
to the other as provided herein.
You may cancel service by completing DotMeBaby's cancellation
form or by emailing email@example.com.
To reduce the likelihood of error and ensure the security of
your account, DotMeBaby does not accept cancellations via
Cancellations must be requested 48 hours or more prior to the
Service's renewal date.
DotMeBaby does not issue refunds for services purchased on
our website with the following exceptions:
- The purchase was executed online due to user error.
- The purchase was executed online due to technical errors, such
as browser issues.
- The purchase was duplicated, due to browser or technical
Charges incurred to user for the above can be reversed up to
15 days after the purchase date.
9. REFUSAL OF SERVICE
DotMeBaby reserves the right to refuse service to anyone at
any time. Any material that, in DotMeBaby's judgment, is
obscene, threatening, illegal, or violates DotMeBaby's Terms of
Use in any manner may be removed from DotMeBaby's servers (or
otherwise disabled), with or without notice.
Similarly, DotMeBaby reserves the right to cancel, suspend,
or otherwise restrict access to the Service(s) it provides at
any time, for any or no reason, and with or without notice.
DotMeBaby is not responsible for any damages or loss of data
resulting from such suspension or termination.
If any manner of communication with DotMeBaby's staff could
be construed as belligerent, vulgar (curse words), attacking,
highly rude, threatening, or abusive, you will be issued one
warning. If the communication continues, your account may be
suspended or terminated without refund. This includes, but is
not limited to, threats to sue, slander, libel, public posting,
personal attacks or initiate a chargeback.
DotMeBaby happily accepts orders from outside the United
States, but may limit accounts from certain countries with a
high fraud rate. To help protect DotMeBaby and its customers
from fraud, DotMeBaby may ask you to provide a copy of a
government issued identification and/or a scan of the credit
card used for the purchase. If you fail to meet these
requirements, the order may be considered fraudulent in nature
10. SUPPORT POLICY
DotMeBaby's official method for technical support is via
DotMeBaby's ticketing system. Telephone support are not official
methods of support and are governed by the terms and conditions
set forth in the following clause.
Telephone support is not an official method of DotMeBaby
support. Staff will always do its best to provide fast,
friendly, and helpful support over the phone, but no guarantee
is made as to the availability, accessibility, or technical
expertise provided via phone.
Inquires via telephone should be limited to general
questions. Any issue requiring investigation, research, or
access to an account/server should be sent via the ticketing
system, to establish a timeline and support history.
11. BACKUP SERVICES
Backup services are provided to you as a courtesy. DotMeBaby
is not responsible for files and/or data residing on your
account. You agree to take full responsibility for files and
data transferred and to maintain all appropriate backup of files
and data stored on DotMeBaby's servers. Any and all backup
services provided by DotMeBaby, whether paid or not, are offered
with no warranty or guarantee of their date, accuracy, and
If you ask DotMeBaby to restore a backup of your data that is
located on a backup server maintained by DotMeBaby, charges may
apply, depending on the extent of the service and data required
to complete the request. By requesting that DotMeBaby restore a
backup for you, you also confirm a backup restoration may
overwrite any and all current data on your account. DotMeBaby
cannot be held liable if a backup restoration does not complete
12. DOMAIN NAME REGISTRATIONS, TRANSFERS, AND
DotMeBaby will make every effort to ensure domain names are
registered, transferred, and/or renewed on time. If a domain
name registration, renewal, or transfer is not processed when
due, it is your responsibility to contact DotMeBaby within
fifteen (15) days of the incident for DotMeBaby to investigate.
Redemption fees may be charged to Customer for domains that
remain expired for more than five days, when no contact is made
to DotMeBaby in the required timeframe. DotMeBaby's liability is
limited to the amount paid for the domain name.
For generic top-level domains governed by ICANN, you agree
that you may not transfer your domain registration to another
domain registrar during the first sixty (60) days from the
effective date of your: (1) initial domain registration or (2)
completion of a domain transfer into DotMeBaby. If you choose to
utilize our transfer lock service, you agree to provide written
For country-code top-level domains, as established by each
registry, you agree that you may not transfer a domain to
another registrar during the first sixty (60) days of the
initial registration or after expiration of the domain. You
agree your request to transfer your domain to another registrar
may be denied pursuant to the Inter-Registrar Transfer Policy.
13. DEDICATED IP ADDRESS ALLOCATION
Any dedicated IP order, in addition to ones provided with a
hosting package, may be subject to IP justification.
Justification practices are subject to change to remain in
conformity with policies of American Registry for Internet
Numbers (“ARIN”). DotMeBaby reserves the right to deny any
dedicated IP request based on insufficient justification or
current IP utilization.
14. ACCEPTABLE USAGE POLICY
You shall use DotMeBaby's services only for lawful purposes.
Transmission, storage, or presentation of any information, data,
or material in violation of the laws of the State of California
or the United States is prohibited. This includes, but is not
limited to: copyrighted material in which you are not the
copyright holder, material that is threatening or obscene, or
material protected by trade secrets or other statutes. You agree
to indemnify and hold harmless DotMeBaby from any claims
resulting from the use of the service which damages you or any
DotMeBaby reserves the right to terminate Services for any
customer or End User activity that exposes it to legal liability
or endangers its ability to provide services to other customers.
The contents, links, or actions on any Services listed below are
a violation of this Agreement. This is not an exhaustive list,
but is designed to assist you in evaluating whether DotMeBaby is
the appropriate service provider for you:
- Child Pornography - Hosting, Distributing, or Linking to
Pornography Involving a Person Under Legal Age
- Copyright Infringement - Hosting, Distributing, or Linking to
Copyright Infringed Materials
- CPU/Memory/Resource Abuse - Consuming Excessive Amount of
Server Resources Causing Server Performance Issues
- DoS Source - Source of Denial of Service Attack
- DoS Target - Target of Denial of Service Attack
- File Scripts - File Dump/Mirror Scripts (similar to
- Forgery - Faking an IP Address, Hostname, E-Mail Address, or
- Fraud Site - Hosting or Linking to a Website Intended to
Deceive the Public including, but not limited to sites listed at
aa419.org & escrow-fraud.com
- HYIP - Hosting or Linking to a High Yield Investment Program
- Identity Theft - Hosting, Distributing, or Linking to Stolen
Account Identification Information
- Infection - Hosting, Distributing, or Linking to Exploits,
Trojans, Viruses, or Worms
- IRC - Internet Relay Chat Server, including IRC Scripts/Bots
- Mass Storage - Storing Mass Amounts of Backups, Archives,
- PayDay Loan Sites - including any site related to PayDay
loans, PayDay loan affiliate programs, etc.
- Pharmacy Sites - Sites that engage in the illegal distribution
of prescription medications,
including, but not limited to, promotion, marketing, or sale
of prescription medications without a valid prescription.
- Phishing - Identity Theft by Email Under False Pretense
- Proxy Site - Hosting of or linking to an Anonymous Proxy
- Bulk Email - No more than 500 emails of similar content (Opt
- Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited
Bulk Email (UBE)
- Spam List - Hosting, Distributing, or Linking to Email Address
Lists for Spam
- Spam Site - A Site Advertised by Spam Email or Spam Web
- Spam Ware - Hosting, Distributing, or Linking to Software
Designed for Spamming
- Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in
Web Logs, Forums, Guestbooks, or Social Media
- Spamhaus - Spam Causing Blacklisting of an IP at
www.spamhaus.org for Malicious Activity
- Terrorist Site - Hosting or Linking to a Site Advocating
- Toolz - Hosting, Distributing, or Linking to Tools or
Instructional Material on Hacking/Cracking or Other Illegal
- Trademark - Hosting, Distributing, or Linking to Trademark
- Warez - Hosting, Distributing, or Linking to Crackz, Hackz,
KeyGenz, Serialz, or Pirated Software
- Any other material DotMeBaby judges to be threatening or
15. LIMITATION OF LIABILITY
YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE
LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
DotMeBaby, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING
SERVICES THROUGH DotMeBaby, BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY
OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD
PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR
TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO DotMeBaby RECORDS,
PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN
IF DotMeBaby HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY
TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE
THAT IN THOSE JURISDICTIONS, DotMeBaby'S LIABILITY WILL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless DotMeBaby,
and its parent, subsidiary and affiliated companies, third party
service providers and each of their respective officers,
directors, employees, shareholders and agents (each an
“indemnified party” and collectively, “indemnified parties”)
from and against any and all claims, damages, losses.
liabilities, suits, actions, demands, proceedings (whether legal
or administrative), and expenses (including, but not limited to,
reasonable attorneys' fees) threatened, asserted, or filed by a
third party against any of the indemnified parties arising out
of, or relating to: (i) your use of the Services; (ii) any
violation by you of any of DotMeBaby's policies; (iii) any
breach of any of your representations, warranties or covenants
contained in this Agreement; or (iv) any acts or omissions by
you. The terms of this section shall survive any termination of
this Agreement. For the purpose of this paragraph only, the
terms used to designate you include you, your customers,
visitors to your website, and users of your products or services
the use of which is facilities by DotMeBaby.
17. GOVERNING LAW AND DISPUTES
This agreement shall be governed by the laws of the State of
California, exclusive of its choice of law principles, and the
laws of the United States of America, as applicable. Exclusive
venue for all disputes arising out of or relating to this
Agreement shall be the state of California, and each party
agrees not to dispute such personal jurisdiction and waives all
18. PARTIAL INVALIDITY
If any provision of this Agreement is held to be invalid by a
court of competent jurisdiction, then the remaining provisions
shall nevertheless remain in full force and effect. DotMeBaby
and Customer agree to renegotiate any term held invalid and to
be bound by mutually agreed substitute provision.
19. CHANGES TO THE TERMS OF SERVICE
DotMeBaby reserves the right to modify this Agreement, in
whole or in part, from time-to-time. DotMeBaby will provide you
with notices of such a change by posting notice on your control
panel. Unless DotMeBaby is required to make a change in an
emergency, any change will be effective thirty (30) days after
it is posted. If such a change materially diminishes your
ability to use the Services, you may terminate this Agreement.
You are encouraged to review the content of this Agreement on a
This Agreement may be assigned by DotMeBaby. It may not be
assigned by you. This Agreement shall bind and inure to the
benefit of the corporate successors and permitted assigns of the
21. FORCE MAJEURE
Except for the obligation to pay monies due and owing,
neither party shall be liable for any delay or failure in
performance due to events outside the defaulting party's
reasonable control, including, without limitation, acts of God,
earthquake, labor disputes, shortages of supplies, riots, war,
fire, epidemics, failure of telecommunication carriers, or
delays of common carriers or other circumstances beyond its
reasonable control. The obligations and rights of the excused
party shall be extended on a day-to-day basis for the time
period equal to the period of the excusable delay. The party
affected by such an occurrence shall notify the other party as
soon as possible but in no event less than ten (10) days from
the beginning of the event.
22. NO WAIVER
No waiver of rights under this Agreement or any DotMeBaby
policy, or agreement between Customer and DotMeBaby shall
constitute a subsequent waiver of this or any other right under
23. NO AGENCY
This Agreement does not create any agency, partnership, joint
venture, or franchise relationship. Neither party has the right
or authority to, and shall not, assume or create any obligation
of any nature whatsoever on behalf of the other party or bind
the other party in any respect whatsoever.