Terms of Service

Server Use
Dixie's Web Cafe will not tolerate inappropriate use of our servers and resources. We reserve the right to suspend a customer's account at our sole discretion without prior notice. Any domain found to be jeopardizing server performance and thus affecting normal server operation or service to other Dixie's Web Cafe customers will be suspended without prior notice.

Content Policy
Dixie's Web Cafe does not allow any illegal material to be stored on our servers.Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City or European law is prohibited. The subscriber agrees to indemnify and hold harmless Dixie's Web Cafe from any claims resulting from the use of the service which damages the subscriber or any other party.

Legal Adult material and sex-related links or merchandising is not allowed on Dixie's Web Cafe hosting. This includes sites that contain pornography, or links to adult content elsewhere. The designation of "adult material" is left entirely to the discretion of Dixie's Web Cafe Services.

Prohibited , sites that promote any illegal activity or present content that may be damaging to Dixie's Web Cafe servers or any other server on the internet. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.Links to such materials are also prohibited. Examples of unacceptable content or links:

Pirated software
- Hacker programs or archives
- Warez sites

Dixie's Web Cafe will be the sole arbiter as to what constitutes a violation of this provision. Any deliberate attempt to cause damage to Dixie's Web Cafe Services or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued.

Child Pornography
Dixie's Web Cafe will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over Dixie's Web Cafe network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.

SPAM and Unsolicited Commercial Email (UCE)

SPAM and Unsolicited Commercial Email (UCE):
Dixie's Web Cafe takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Dixie's Web Cafe may not use or permit others to use our network to transact in UCE. Customers of Dixie's Web Cafe may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Indemnification Policy
Dixie's Web Cafe reserves the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Dixie's Web Cafe services at your own risk. Dixie's Web Cafe specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Dixie's Web Cafe be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Dixie's Web Cafe harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Dixie's Web Cafe, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Dixie's Web Cafe against liabilities arising out of:any injury to person or property caused by any products sold or otherwise distributed in connection with Dixie's Web Cafe servers; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective products sold to customer from Dixie's Web Cafe server. Dixie's Web Cafe shall be the sole arbiter as to what violates this Policy.

Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Dixie's Web Cafe will monitor Customer's bandwidth and disk usage.

Cancellations and Refunds
Notification to cancel your account needs to be made by the end of the proceeding month. To cancel your account, simply Contact us by email. If you are billed by Paypal Automatic Payments, you must go into your Paypal account to cancel your payment subscription. We cannot do this for you.

No setup fees or prepaid hosting will be refunded after the first 30 days of service, no exceptions. All monetary transactions are in $US dollars.

Non-Payment/Late Payments
Accounts not paid within 7 days of the due date will be suspended and a $20 reinstatement fee will be applied to amount due. If you are late more than twice, you will be required to switch to automatic Paypal subscription payments. Accounts not paid within 15 days will be terminated and deleted from our servers. We will not be responsible for any loss you may incur if you have not backed up your files from the server.

Software installation: (shopping carts, forums, etc.)
We will do the initial installation for you free of charge if you do not know how to do this. This does NOT include customizations or upgrades of the software. This covers customizations and configurations such as color changes, logo placement, and other minor changes. A deposit is required for all customizing, see below for more info.

For Zencart customizations a $100 non-refundable deposit is required with the balance (if any) due upon completion.

For basic html/css websites, a non-refundable deposit of $250 is required with the balance due upon completion. This does not include customized logos/banners or any web hosting fees that may be associated with your site. Email dixie@dixieswebcafe.com if you have any questions.

Zencart customers please note: If you do not wish to pay for software upgrades you will have to do it yourself, get someone else to do it, or take a chance that your software may not work.

We will not upgrade Zencarts that have add-on modules other than, shipping and/or Paypal modules.

If you do not agree to these terms then please do not sign on to our service.

Thank you,
P. Barnhardt
Dixie's Web Cafe

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