Terms and Conditions

  1. Service Order Agreements
    1. DOI will provide the Customer with Services designated on a Service Order form (known as the Service Order Agreement or SOA).
    2. Customers will submit to DOI a signed SOA to request any and all Services. DOI will confirm the availability of the Services requested. Once approved by an authorized DOI representative DOI will initiate the orders. After services have been delivered it will be considered that DOI has accepted the SOA. DOI makes no guarantees as to the accuracy of information on the SOA.
    3. Both DOI and Customer agree that once the service has been delivered it will be deemed that both parties have agreed to the contents of the SOA.
    4. Customer's use of any DOI Service or equipment or facility constitutes acceptance of these Terms and Conditions.
    5. A Customer's account is considered a single inclusive entity even though it may consist of several DOI Services.
  2. Service and Term
    1. DOI will provide Customer with Services as provided herein, and in an accepted, SOA. DOI will notify Customer upon delivery of said services. Customer will have forty-eight (48) hours from DOI notification, to test the services.
    2. After the initial forty-eight (48) hours, if no problem has been reported by the Customer (in writing), it is deemed that the Customer has unconditionally accepted the services, and that date will be the Start of Service Date (known as the SOS Date) and billing will commence as of the SOS date.
    3. Customer may request a specific SOS Date of which billing will not start before this date. If customer requests a specific SOS Date then it must be on the initial SOA.
    4. DOI make no guarantees, either expressed or implied, as to the service delivery date.
    5. The Term of Service will be one (1) year unless otherwise stated on the SOA. At the end of the Initial Term, the SOA will renew for successive Renewal Terms equal in length of the Initial Term unless and until terminated as provided herein.
  3. Service Charges, Billing and Payment Terms / Suspension of Service
    1. Refer to the SOA for pricing, recurring and non-recurring charges. Service charges are on the SOA and do not include applicable taxes and/or fees. Customers claiming tax exemption must provide DOI with a properly executed exemption form. Certain regulatory and special access fees are not considered taxes and will need to be paid by tax exempt customers, if applicable.
    2. Unless otherwise indicated in the applicable SOA, DOI will bill Quarterly in Advance charges for all Service to be provided during the ensuing months except for charges which are dependent upon usage of Service, which charges will be billed in arrears. DOI will invoice Customer for all charges incurred by, and credit due to Customer as set forth in the SOA. Based upon SOS date, the first invoice will be prorated to the nearest 1/3 or 1/4 month, and include the next quarter-in-advance period of service. Adjustments of the quantities for Service discontinued in any billing period will not be pro-rated.
    3. Invoices for Services are due and payable in U.S. funds within twenty (20) days of the invoice date unless otherwise indicated on the applicable Invoice. Payments not received within twenty (20) days of the invoice date are considered past due. In addition to DOI undertaking any of the actions set forth in this Agreement, if any invoice is not paid in full when due, DOI may:
      1. apply a late charge equal to 15% of the invoice or the maximum legal rate, if less;
      2. apply a returned check fee of $25;
      3. require an additional Security Deposit or other form of security;
      4. suspend or terminate service without notice and apply a reinstatement fee of $100 per circuit + any Carrier charges and/or reinstallation costs;
      5. take any legal action in connection with any other right to remedy DOI may have under this Agreement or at law or in equity.
    4. In the case of default by Customer, Customer agrees to pay DOI its reasonable expenses, including attorney and collection agency fees.
    5. Disputed invoices must be paid in full. Where deemed valid by DOI, appropriate credits will be issued on future invoices.
    6. All Carrier charges are the responsibility of the customer. This includes Customer supplied communications lines, premises and wiring from Carrier DMARC, Carrier and building service charges, etc.
    7. All taxes, government and regulatory fees applicable to the services are the responsiblitiy of the customer.
    8. There are no refunds of any pre-paid amounts, regarless of the circumstance(s).
  4. Service Use and Interruption
    1. DOI agrees to maintain the Services in a manner as described in Section 8 Maintenance and Operation of Service and Equipment. Services may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs and similar activities necessary for the proper operation of the Services.
    2. Customer's use of Services must comply with DOI 's Acceptable Use Policy (AUP) as described in Section 11 On-Line Conduct, and all applicable laws and regulations whether Local, State or Federal.
  5. Termination
    1. If Customer terminates the Service before the end of the current Term (whether an Initial Term or a Renewal Term) then the Customer will be responsible for paying all fees, charges, and Term commitments (which may include any cancellation fees that DOI may incur from carriers or vendors) in full.
    2. Either Party may terminate the SOA
      1. at the end of an Initial Term or Renewal Term by providing the other Party with at least sixty (60) days advance written notice. Notices provided will not be effective until the end of the current term OR the following 2nd month (e.g. a notice received April 20th is effective June 30th) whichever is the later date;
      2. the provisions of all Sections provided herein and in the SOA shall survive the termination of the SOA;
      3. DOI has the right to delete all data, files or other information stored in a DOI system if the service with DOI is terminated, for any reason, by either party.
    3. All DOI equipment supplied for the term of Service shall be returned to DOI no later than 7 business days after the termination of Service, complete and in good and serviceable condition. If equipment is not returned or is returned incomplete or damaged, the Customer will be invoiced at the full amount of the replacement cost for the equipment. All shipping and packing is the responsibility of the Customer.
  6. Disclaimer of Warranty and Limitation of Liability
    1. Service is provided AS IS.
    2. DOI makes no warranties of any kind, whether expressed or implied, for the Services it is providing.
    3. DOI also disclaims any warranty of merchantability of fitness for a particular purpose. DOI will not be responsible for any damages Customer suffers. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence or Customer errors or omissions, or due to inadvertent release or disclosure of information sent by the Customer. DOI is not responsible for Customer files residing on DOI systems or Customer systems.
    4. DOI exercises no control over the content of the information passing through it.
    5. Customer hereby releases DOI from liability arising from the use of content accessed via DOI Services.
    6. DOI's performance under this agreement shall be excused in case of labor difficulties, governmental orders, civil commotions, acts of god, acts of terrorism, or other conditions or circumstance beyond its reasonable control.
    7. DOI shall not be liable if changes in operation, procedures, or services require modification or alteration of equipment at the Customer's site, render the same obsolete or otherwise affect its performance.
    8. DOI shall not be liable for any incidental, special, consequential, or punitive damages including but not limited to loss of profits, loss of business, or business opportunity.
    9. DOI makes no representations; either expressed or implied, concerning the service, and expressly disclaims warranties of fitness for a particular use or purpose, warranty of merchantability and any other warranty implied by law.
  7. Additional Provisions
    1. Customer is responsible for:
      1. payment of all charges applicable to the Service (including charges incurred as a result of fraud or unauthorized use of the Service);
      2. providing access to the Customer's premises as needed where service is to be provided, if applicable.
    2. DOI has the right to delete all data, files or other information stored in our systems if the service with DOI is terminated, for any reason, by either PARTY.
    3. Customer shall ensure that DOI's services are used for lawful purposes. Transmission of any material or act in violation of any applicable law, rule or regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged threatening or obscene, or material protected by trade secret. Customer agrees to indemnify and hold harmless DOI from any claims resulting from its use of the DOI Services including damages to Customer and other parties. Any violation of this provision may result in an immediate termination of all Customer's Services. Customer shall be responsible for any and all penalties and/or damages for violation of any of the laws, rules or regulations, and shall hold DOI harmless against any and all claims as a result of violation of this provision. If Services are terminated due to a violation of this provision it will be deemed that the Customer terminated the service and Customer will be responsible for all fees as provided herein and in the SOA.
  8. Maintenance and Operation of Service and Equipment
    1. Customer is solely responsible for, and shall pay for any costs and expenses related to, the maintenance and operation of all Customer equipment at the Customer's site.
    2. DOI at its sole discretion may choose to fix and or replace any DOI supplied equipment related to providing the service at the Customer's site.
    3. DOI's standard maintenance windows are Sunday to Saturday from 12:00 am to 6:00 am Local Time. Scheduled maintenance will be performed during the maintenance window and may be coordinated between DOI and the Customer.
  9. Changes, Substitution and Relocation
    1. DOI at its exclusive discretion may substitute, change, modify, relocate, and/or rearrange any of the Services or equipment or facilities involved in the provision of DOI Services.
  10. Co-Location Services: Access to and Use of DOI Data Centers and Facilities
    1. Insurance and Liability
      1. Customer agrees to carry liability insurance of no less than $1,000,000 naming DOI as an additional insured;
      2. Customer agrees to carry sufficient loss/damage insurance to cover its own equipment.
      3. Customer is liable for any damage caused by the Customer to DOI's facilities, equipment and/or other Customer's equipment in any DOI facility.
    2. Customer may only access that portion of DOI's data center/facility (the "Data Center") made available by DOI to Customer for the placement of Customer's equipment and use of the DOI Services ("Customer Area"), as approved by DOI. Each piece of equipment installed in a Customer Area (the "Customer Equipment") must be clearly labeled with Customer's name (or code name provided in writing to DOI) and individual component identification. Each connection to and from a piece of Customer Equipment shall be clearly labeled with Customer's name (or code name provided in writing to DOI) and the starting and ending point of the connection. Customer Equipment must be configured and run at all times in compliance with the manufacturer's specifications, including power outlet, power consumption and clearance requirements. Customer shall use its best efforts to provide DOI with at least 48 hours prior notice any time it intends to connect or disconnect any Customer Equipment or other equipment. Since Customer access to DOI facilities is escorted only, Customer shall use its best efforts to provide DOI with at least 48 hours prior notice any time it intends to gain access to any facility.
    3. Customer is responsible for all equipment, installation and monthly recurring charges relating to any and all communications circuits that Customer may order for connection in any of DOI's Data Centers. Customer will notify DOI upon order of communications circuits that will be installed in DOI's Data Center, and will provide DOI with appropriate order numbers, expected delivery dates, and vendor contract information necessary for DOI to coordinate the installation.
  11. On-Line Conduct (Acceptable Use Policy/AUP)
    1. Customer acknowledges that DOI exercises no control whatsoever over the content of the information passing through Customer's site(s) and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws, rules and regulations. Customer will not, and will not permit any persons ("Users") using Customer's on-line facilities and/or services, including, but not limited to, Customer's web site(s) and transmission capabilities, to do any of the following ("Prohibited Activities"):
      1. send unsolicited commercial messages or communications in any form;
      2. engage in any activities or actions that infringe or misappropriate the intellectual property rights of others, including, but not limited to, using third party copyrighted materials without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information protected as a trade secret information in violation of a duty of confidentiality;
      3. engage in any activities or actions that would violate the personal privacy rights of others, including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
      4. send, post or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto;
      5. attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A Customer may not use the Internet Services to engage in any activities that may interfere with the ability of others to access or use the Internet Services or the Internet. A Customer may not use the Internet Services to monitor any data, information, or communications on any network or system without authorization. A Customer may not attempt to gain unauthorized access to the user accounts or passwords of other users;
      6. intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses;
      7. engage in any activities or actions intended to withhold or cloak Customer's or its Users; identity or contact information;
      8. use the DOI connectivity services for any illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of any other service providers, web sites, chat rooms or the like; and
      9. assist or permit any persons in engaging in any of the activities described above. If Customer becomes aware of any Prohibited Activities, Customer will use best efforts to remedy such Prohibited Activities immediately, including, if necessary, limiting or terminating User's access to Customer's on-line facilities.
    2. Investigation
      DOI reserves the right to investigate suspected violations of the Prohibited Activities. When DOI becomes aware of possible violations, DOI may initiate an investigation which may include gathering information from the Customer or Customers involved and the complaining party. During an investigation, DOI may block access at the router level to customer's equipment involved. If DOI believes, in its sole discretion, that a violation of the Prohibited Activities has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of access to Customer's equipment, and the suspension or termination of the Customer's service. DOI reserves the right to release the contact information of Customers involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. DOI will also fully cooperate with law enforcement authorities in investigating suspicious activities.
  12. On-Site Conduct at DOI's Data Centers and Facilities
    1. Only those individuals identified in writing to DOI by the Customer on the Customer Information Form ("Representatives") may access the DOI Data Centers. Customer shall deliver prior written notice to DOI of any changes to the Customer Information Form and the list of Representatives. Customer and its Representatives shall not allow any unauthorized persons to have access to or enter any DOI Data Centers. Customer and its Representatives may only access that portion of an DOI Data Center made available by DOI to Customer for the placement of Customer's equipment and use of the DOI Data Center (the "Customer Area"), unless otherwise approved and accompanied by an authorized DOI representative.
    2. Customer and its representatives agree to adhere to and abide by all security and safety measures established by DOI from time to time and provided by DOI to Customer. Customer and its Representatives shall also not do or participate in any of the following:
      1. misuse or abuse any DOI property or equipment or third party equipment;
      2. make any unauthorized use of or interfere with any property or equipment of any other DOI Customer;
      3. harass any individual, including DOI personnel and representatives of other DOI Customers;
      4. engage in any activity that is in violation of the law or aids or assists any criminal activity while on DOI property or in connection with the DOI Data Center Services
    3. Customer and its Representatives shall keep each Customer Area clean at all times. It is each Customer's responsibility to keep its area clean and free and clear of debris and refuse. Customer shall not, except as otherwise agreed to in writing by DOI:
      1. place any computer hardware or other equipment in the Customer Area that has not been identified in writing to DOI;
      2. store any paper products or other combustible materials of any kind in the Customer Area (other than equipment manuals);
      3. bring any Prohibited Materials (as defined below) into any DOI Data Center. "Prohibited Materials" shall include, but be not limited to, the following:
        1. food and drink;
        2. tobacco products;
        3. explosives and weapons;
        4. hazardous materials;
        5. alcohol, illegal drugs and other intoxicants;
        6. electro-magnetic devices which could unreasonably interfere with computer and telecommunications equipment;
        7. radioactive materials;
        8. photographic or recording equipment of any kind (other than tape back-up equipment).
    4. The Customer agrees to use DOI's services only for lawful purposes, in compliance with all applicable laws, rules and regulations. Specific Activities that are prohibited include, but are not limited to: threatening harm to persons or property or otherwise harassing behavior; violating U.S. export control laws for software or technical information; and fraudulently representing products or services.
  13. Miscellaneous
    1. Governing Law
      1. this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Wyoming, without regard to its choice of law provisions.
    2. Notices
      1. the Terms and Conditions herein supersede all other representations, understandings or agreements and shall prevail notwithstanding any variance with Terms and Conditions or any SOA, or order submitted.