Terms of Service

The gist:

DM42.NET, LLC offers various web content, internet services and consulting services to individuals and companies.  In all cases, customers who use our services to publish information or content are solely responsible for what they publish. In particular, all users of this site are expected to make sure that none of the prohibited items listed below appear on the site(s) or get linked to from your site (things like spam, viruses, or hate content).

Creative Commons License (Note: These terms of service is available under a Creative Commons Sharealike license, which means you’re more than welcome to copy it and repurpose it for your own use, just make sure to replace references to us with ones to you.  Permission to use and copy this policy is not an offer to provide legal advice and does not imply an offer to provide legal advice.  DM42.NET, LLC is not licensed or authorized to provide any sort of legal advice.  If you chose to exercise your permission to use this policy for your own website, it is recommended that you have your attorney review this policy and its applicability to your situation.)

Terms of Service:

The following terms and conditions govern all use of the DM42.NET,LLC, services and products available at or through DM42.NET, LLC or our subsidiaries. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the DM42.NET Privacy Policy) and procedures that may be published from time to time on this Site by DM42.NET, LLC (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DM42.NET, LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your DM42.NET Account and Site. You are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. If you use DM42.NET,LLC to host a website, blog or other internet content service(s), you must not describe or assign keywords to your information in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.  Furthermore, DM42.NET, LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MI Preschools liability. You must immediately notify DM42.NET, LLC of any unauthorized uses of your site, your account or any other breaches of security. DM42.NET,LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors.If you operate a site, comment on a posting within a site, post material to a Website on the DM42.NET,LLC network, post links on a Website on the DM42.NET,LLC network, or otherwise make (or allow any third party to make) material available by means of any Website within the DM42.NET,LLC network (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your DM42.NET,LLC Website or content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your DM42.NET,LLC Website or content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DM42.NET,LLC or otherwise.

    By submitting Content to DM42.NET,LLC for inclusion on any Website on the DM42.NET,LLC, you grant DM42.NET,LLC and our partners and service providers a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content.  If you delete Content, DM42.NET,LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.  Content submitted to any DM42.NET,LLC Syndication Network grants additional permissions to DM42.NET,LLC and syndication partners.  Please review the TERMS OF SERVICE for the Syndication Network for additional information.

    Without limiting any of the above representations or warranties, DM42.NET,LLC has the right (though not the obligation) to, in DM42.NET,LLC’s sole discretion (i) refuse or remove any content that, in DM42.NET,LLC’s reasonable opinion, violates any DM42.NET,LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DM42.NET,LLC’s sole discretion. DM42.NET,LLC will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By requesting DM42.NET,LLC to provide hosting or other subscription based services, you agree to pay DM42.NET,LLC the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day that your service begins and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.By requeting DM42.NET,LLC to provide consulting, helpdesk, or support services, you agree to pay DM42.NET,LLC according to the rates posted on the website at the time the request is made or quoted prior to such service beginning.
    • Automatic Renewal.
      Unless you notify DM42.NET,LLC before the end of the applicable subscription period that you want to cancel a recurring, subscription based service, your subscription will automatically renew.  You authorize DM42.NET,LLC to collect the then-applicable annual or monthly subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time, however, prepaid fees are non-refundable.  Canceled services will cease to operate at the expiration of the period for which prepayment was received.
  4. Additional Services.
    • Fees; Payment. By signing up for a additional services account you agree to pay MI Preschools the setup fees and monthly hosting fees associated with the requested service.  Applicable fees will be invoiced starting from the day your service(s) is (are) established and in advance of using such service(s). MI Preschools reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Such notice may be delivered by postal mail or to the email address we have on record for the service at our option.  Services can be canceled by you at anytime on 30 days written notice to MI Preschools.  Cancellation notices delivered by email are not considered received unless an acknowledgment is received by the customer.
    • Support.Some services include access to priority email support or helpdesk services. “Email support” for DM42.NET,LLC services means the ability to email DM42.NET requests for technical support assistance concerning the use of the paid services at any time.  DM42.NET,LLC will make every reasonable effort to respond to such requests within one business day. “Priority” means that support for paid services customers takes priority over support for users of the standard, free website services. All services support will be provided in accordance with MI Preschools’ standard services practices, procedures and policies.DM42.NET,LLC also provides helpdesk services and support for services provided by 3rd parties.  Unless otherwise stated in a separate Service Level Agreement, DM42.NET, LLC provides helpdesk and email support services according to a best effort policy.  Dm42.NET, LLC will handle requests in the order in which they were received and will make every reasonable effort to respond to such requests within 1 business day of receiving the request.
  5. Responsibility of Website Visitors. DM42.NET,LLC has not reviewed, and cannot review, all of the material, including computer software, posted on the DM42.NET,LLC network or servers, and cannot therefore be responsible for that material’s content, use or effects. By operating a network that makes available Website content, DM42.NET,LLC does not represent or imply that it (1) exercises or intends to exercise any editorial control over the posting of such content, (2) endorses the material there posted, or (3) that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Websites hosted on the DM42.NET,LLC network may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DM42.NET,LLC disclaims any responsibility for any harm resulting from the use by visitors of the information posted on the DM42.NET,LLC network, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages which are linked to from sites referenced from the DM42.NET,LLC network and that link to a site on the DM42.NET,LLC network. DM42.NET,LLC does not have any control over those websites and webpages, and is not responsible for their contents or their use. By referencing or linking to such websites or webpages, DM42.NET,LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DM42.NET,LLC disclaims any responsibility for any harm resulting from your use of of information not directly posted by DM42.NET,LLC.
  7. Copyright Infringement and DMCA Policy. As DM42.NET asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DM42.NET,LLC violates your copyright, you are encouraged to notify DM42.NET,LLC immediately at DMCA@portal.dm42.net. DM42.NET,LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DM42.NET,LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DM42.NET,LLC or others. In the case of such termination, DM42.NET,LLC will have no obligation to provide a refund of any amounts previously paid to DM42.NET,LLC.  Furthermore, visitors agree to reimburse DM42.NET,LLC for all time, materials, and services including but not limited to employee and officer time, attorney fees and court costs, associated with their infringement.
  8. Intellectual Property. This Agreement does not transfer from DM42.NET,LLC to you any DM42.NET,LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DM42.NET,LLC. All trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DM42.NET,LLC or third-party trademarks or servicemarks whether registered or not.
  9. Advertisements. DM42.NET,LLC reserves the right to display advertisements on your DM42.NET,LLC network website unless you have purchased an Ad-free Upgrade or other special services account that includes an Ad-free Upgrade.
  10. Themes, Plugins and Optional Features. Your use of certain software, themes, plugins and optional features on your website may be governed by additional Terms and Conditions.  By activating a themes, plugins or other optional features, you agree to abide by the terms of service associated with that feature. You can opt out of the terms of service associated with such software, themes, plugins, and other optional features at any time by ceasing use of the software or de-activating the theme, plugin, or other optional feature.
  11. Changes. DM42NET,LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to DM42.NET,LLC websites and services following the posting of any changes to this Agreement constitutes acceptance of those changes. DM42.NET,LLC may also offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions in effect when such services are made available as may be amended from time to time.
  12. Termination. DM42.NET,LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DM42.NET,LLC network account (if you have one), you may simply discontinue using the Website and all associated services. Notwithstanding the foregoing, if you have paid for services from DM42.NET,LLC,  your account for these services can only be terminated by DM42.NET,LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DM42.NET,LLC’s notice to you thereof; provided that, DM42.NET,LLC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  13. Disclaimer of Warranties. The Website is provided “as is”. DM42.NET,LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DM42.NET,LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  14. Limitation of Liability. In no event will DM42.NET,LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DM42.NET,LLC under this agreement during the twelve (12) month period prior to the cause of action. DM42.NET,LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  15. General Representation and Warranty. You represent and warrant that (i) your use of the Website and services will be in strict accordance with the DM42.NET,LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website and services will not infringe or misappropriate the intellectual property rights of any third party.
  16. Indemnification. You agree to indemnify and hold harmless DM42.NET,LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and services, including but not limited to your violation of this Agreement.
  17. Miscellaneous. This Agreement constitutes the entire agreement between DM42.NET,LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DM42.NET,LLC, or by the posting by DM42.NET,LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Macomb County, Michigan. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party unless such assignment is agreed to in writing by DM42.NET,LLC; DM42.NET,LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.