Terms of Service

This Master Services Agreement (“Agreement”) is made and entered into by the parties by and between Dollie, Inc. (“Dollie”) and the Client (“Client”) Hereinafter both Dollie and Client may be referred to collectively as the Parties.

RECITALS

Whereas, Dollie is in the business of hosting and providing website hosting related support services for customers using the WordPress open source software application;

Whereas, Client desires to retain the services of Dollie to host one or more WordPress websites as set forth in more detail below;

NOW THEREFORE, in consideration of the covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following:

Services Agreement

1. DEFINITIONS

   1.1. Host - Dollie Inc.

   1.2. Account Owner, User, You, Your- Client.

   1.3. Fees - The Setup Fees, Recurring Fees and Non-Recurring Fees

   1.4. Initial Term - the period of time commencing upon the Service Commencement Date and ending one month later.

   1.5 Non-Recurring Fees - any fees set forth on the Service Order that are due when and if a particular Service is utilized, such as additional bandwidth used by you during the term of this Agreement.

   1.6 Recurrence Period - the period upon which you have agreed to pay for the Services as set forth in the Service Order, typically 1 month. For Example: May 5th to June 5th.

   1.7 Recurring Fees - the fees detailed on the Service Order that are due to Dollie on a recurring basis throughout the term of this Agreement upon each Recurrence Period.

   1.8 Renewal Term - the subsequent renewal of the Initial Term or any Renewal Term, commencing upon expiration of such Initial Term or Renewal Term and ending upon expiration of the Service Contract period set forth on the Service Order.

   1.9 Service Commencement Date - that date upon which you are given access by Dollie to begin using the Services.

   1.10 Services - the professional services requested by you and provided by Dollie as set forth on a Service Order.

   1.11 Setup Fees - the fees set forth on the Service Order that are due upon the Service Commencement Date and represent the initial fees necessary to initially setup and configure the Services.

   1.12 Support - the technical support provided by Dollie in connection with the Services.

   1.13 Service Order - the agreement of Parties to provide a service or services to Client for a fee. This may take the form of a pre-defined ‘service plan’ offered by Dollie, or any fee based service defined and agreed to by both parties.

2. OVERVIEW OF SERVICES

   2.1 Dollie provides Managed WordPress Hosting to clients. Dollie will only allow WordPress and WordPress compatible plugins and themes on its hosting platforms. Dollie at its sole discretion will make the determination as to whether client’s provided code, scripts, or software is in violation of the terms of this agreement.

   2.1 Dollie shall provide to Client website hosting services as set forth in the attached statement of work and/or pricing quote (The Addendums). Client hereby warrants and represents that it has reviewed the attached addendums. and has agreed to the Description of Services, Assumptions and Understandings and Fees and Charges.

   2.3 Dollie and Client understand that additional Statements of Work may be prepared and entered into between the Parties. If subsequent Statements of Work are finalized between Dollie and Client, the Parties agree this Master Services Agreement and its material terms will remain in force and effect.

3. OBLIGATIONS OF DOLLIE

   3.1 Dollie provides this Service Level Agreement standard to all accounts.

   3.2 Dollie shall perform on a daily basis a backup of Client’s website . Dollie agrees to retain the Client’s daily back-up for 14 days from the date the backup was performed. Dollie shall permit Client, at any time, to download a full copy of the Client’s website’s files and database. For VPS and Enterprise plans, users may provide their own Amazon S3 credentials and Host will push an additional backup copy to that location each night.

4. OBLIGATIONS OF CLIENT

   4.1 Client acknowledges that it is solely responsible for all website content and all content on Client’s website including of any postings, data or transmissions initiated by the Client or by any other user of the Client’s website.

   4.2 Client agrees that it will comply with all of the obligations and restrictions set forth below in the Acceptable Use Policy as set forth in section 6.

   4.4 Client agrees to cooperate with any investigation initiated by Dollie into service outages, security issues or any suspected breach of the terms and conditions of this Agreement or the Acceptable Use Policy as set forth in section 6.

   4.5 Client agrees to pay all invoices upon receipt.

5. PAYMENT TO DOLLIE

   5.1. Dollie will invoice Client according to the terms set forth in the Statement of Work. Unless otherwise stated in the Statement of Work or Invoice, Client shall pay all invoices upon receipt. Unpaid invoices shall be considered in default after thirty (30) days of the due date shown on the invoice. Dollie reserves the right to terminate this agreement and cancel all services for non-payment.

6. CONFIDENTIALITY AND PRIVACY POLICIES

   6.1 The Parties acknowledge that during the course of the relationship contemplated herein that Dollie and Client are likely to gain knowledge and access to information and materials that the Client or Dollie deems to be confidential, proprietary or of strategic importance. Both Parties agree that they shall maintain the strictest confidentiality of all such materials that they receive concerning the other party hereto. They shall not disclose such confidential information to any other party, shall not use such confidential information for their own purposes, and they shall protect such confidential information from disclose using the same or higher standards as they use to protect their own confidential information.

   6.2. The Parties agree that confidential information shall be limited to disclosure within the organization of the recipient to those top management personnel and others with a bona fide need to know such information as a necessary part of their contribution to the performance under this Agreement.

   6.3. For purposes of this Agreement, confidential information shall include any and all information that is of a proprietary, confidential or trade secret nature, of strategic importance, or is otherwise considered to be confidential or proprietary by either party. Confidential information will include (a) the unpublished prices and other terms of service, audit and security reports, data center designs and other proprietary technology and (b) all information transmitted to or from, stored on or otherwise processed by the servers or other devices used in the provision of the Services. Confidential Information does not include information: (i) in the public domain at the time of delivery, (ii) subsequently published or otherwise made part of the public domain through no fault of the Non-Disclosing Party or its representatives, (iii) in the Non-Disclosing Party’s possession at the time of disclosure and not acquired by the Non-Disclosing party directly or indirectly from Disclosing Party or its representatives on a confidential basis, (iv) which becomes available to the Non-Disclosing Party on a non-confidential basis from a source not under an obligation of confidentiality to the Disclosing Party, or (v) information that is independently developed without reference to the Confidential Information, as evidenced by written records maintained in the ordinary course of business and all other information deemed confidential by the parties. Confidential information shall not include items that are generally available to the public, generally known in the industry, exist in the public domain, is learned from an outside source independent from the relationship established by this Agreement or was known prior to the entering of this Agreement.

   6.4 Dollie operates several websites including GetDollie.com. It is Dollie’s policy to respect a Client’s privacy regarding any information we may collect while operating our websites. Client acknowledges that it has read and accepted Dollie’s Privacy Policy as set forth at https://control.getdollie.com/privacy-policy/

7. ACCEPTABLE USE POLICY

   7.1. Client acknowledges that it has read and accepted Dollie’s Acceptable Use Policy. The Dollie Acceptable Use Policy is designed to protect Dollie and Client from irresponsible and/or illegal internet based activities. The Dollie Acceptable Use Policy is a non-exclusive list of the actions prohibited by Dollie and Dollie reserves the right to modify the Policy at any time. Any revisions to the Dollie Acceptable Use Policy will only become effective after 15 days of written notice to Client of any revisions.

8. PUBLICITY RIGHT

   8.1 Client grants Dollie permission and a royalty-free license to list or display applicable trademarked name(s) and logo’s on Dollie’s website and/or public client roster. Dollie will be authorized to identify Client’s logo and a summary of services provided by Dollie to Client.

9. TERM, TERMINATION AND SUSPENSION OF SERVICES

   9.1. This Agreement shall commence on the Effective Date and shall remain in effect until the termination of services as set forth below.

   9.2. This Agreement may be terminated by the Client, without cause, by providing thirty (30) days written notice of termination to Dollie. Note: We verify ownership prior to account closure on higher value accounts as a security/privacy measure (You don’t want random “John Doe” requesting we close your account without us verifying ownership). If we are unable to verify the cancellation request originated from a verified entity the account will remain open and continue to incur applicable hosting fees. Please look for and respond to our validation ticket/email. Some accounts may also terminate by following the Dollie automated termination procedures.

   9.3. This Agreement may be terminated by Dollie without cause, by giving thirty (30) days written notice of such termination to the Client.

   9.4 In the event of a termination of services by Client as set forth in section 8.2 above, Client will be responsible to pay all outstanding fees and expenses incurred until the date of termination.

   9.5 In the unlikely event that Dollie may need to suspend services to Client, Client agrees that Dollie may suspend providing the Services to Client, in whole or in part, for the following reasons: Client has: (i)failed to pay the undisputed Fees due to Dollie for a period of thirty (30) days after the date of the invoice, (ii) Client is in violation of the Acceptable Use Policy and has failed to remedy violation within a commercially reasonable time, (iii) Client failed to reasonably cooperate with Dollie’s investigation of any suspected breaches of this Agreement or Acceptable Use Policy; (iv) Dollie reasonably believes that the servers hosting the Services have been accessed or manipulated by a third party without Client’s or Dollie’s consent; (v) Dollie reasonably believes that suspension of the Services is necessary to protect Dollie and its other clients from a suspected breach of Client’s websites; or (vi) Dollie is obligated to suspend Services via subpoena, court order or otherwise as required by Federal or State law.

   9.6 In the unlikely event that Dollie has suspended services to Client, Dollie will give Client immediate notice and work with Client to resolve any issues.

   9.7 In the event that Dollie has suspended services to Client due to provisions 8.5 (ii), (iii) or (vi) Client is required to pay any Recurring Fees for any period of time during which your Services were suspended. Client is not responsible to pay Recurring Fees for any period of time during which your Services were suspended due to provisions 8.5 (i), (iv) or (v). Dollie will restore the Services promptly after Client or Dollie has remedied the reason for any suspension of services.

10. WARRANTIES AND REPRESENTATION/LIMITATION OF LIABILITY

    10.1 Dollie warrants and represents that it shall provide the hosting services to Client as set forth in this agreement. Except for this warranty, Dollie disclaims any and all other warranties, express or implied including without limitation the following: ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE DOLLIE HOSTING SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.DOLLIE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, AND SHALL HAVE NO LIABILITY WHATSOEVER, WITH RESPECT TO THE ACCURACY, DEPENDABILITY, PRIVACY, SECURITY, AUTHENTICITY OR COMPLETENESS OF ANY DATA TRANSMITTED OVER THE INTERNET, OR ANY INTRUSION, VIRUS, DISRUPTION, LOSS OF COMMUNICATION, LOSS OR CORRUPTION OF DATA, OR OTHER ERROR OR EVENT CAUSED OR PERMITTED BY OR INTRODUCED THROUGH THE INTERNET OR THE SERVERS UPON WHICH THE SERVICES ARE PROVIDED.

    CLIENT IS SOLELY RESPONSIBLE ACCOUNT ACCESS PASSWORDS AND OTHER SECURITY MEASURES TO PROTECT ITS DATA AND APPLICATIONS RUNNING ON ITS SYSTEMS FROM UNWANTED INTRUSION, WHETHER OVER THE INTERNET OR BY OTHER MEANS.

    10.2 In no event shall Dollie’s total cumulative liability arising out of or related to this agreement or the services provided in any Statement of Work from all causes of action of any kind, including but not limited to Contract, Tort (including Negligence), Strict Liability, Breach of Warranty, Misrepresentation or otherwise exceed the amount paid to Dollie by Client for services in the six (6) months preceding the date on which the event giving rise to the claim occurred.

    10.3 Dollie will not be liable to Client for the costs of procurement of hosting services, lost profits, lost sales, business expenditures, investments, business commitments, loss of any goodwill or any indirect, special, incidental, punitive or consequential damages arising out of or related to this agreement however caused on any theory of liability, whether or not Dollie has been advised of the possibility of such damage.

    10.4 In no event shall Dollie’s total cumulative liability arising out of or related to this agreement or the use and generation of the Work Product set forth in any Statement of Work from all causes of action of any kind, including but not limited to Contract, Tort (including Negligence), Strict Liability, Breach of Warranty, Misrepresentation or otherwise exceed the amount paid to Dollie by Client for the Work Product.

    10.5 The Parties agree that Dollie has set its price and entered into this Agreement in reliance upon the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose or cause consequential loss), and that the same form an essential basis of the bargain between the Parties.

11. INDEMNIFICATION

    11.1 Dollie shall defend, indemnify and hold Client harmless from and against any and all costs, liabilities, judgments, actions, losses and expenses (including, but not limited to, reasonable attorneys’ fees and fees of experts) (collectively, “Losses”) arising out of any threatened or actual claim, suit, action, arbitration or proceeding (collectively, “Claims”) by any third party arising out of or relating to (i) Host’s breach of confidentiality, gross negligence or willful misconduct; (ii) a claim that the services provided by Dollie, under this Agreement, infringe upon a United States or United Kingdom patent or copyright or other intellectual property right of a third party. Client must provide Dollie (a) prompt written notice of the claim; (b) you permit Dollie sole control over the defense and settlement of the claim and (c) reasonably cooperate with Dollie in the defense and or settlement of the claim.

    11.2 Client shall defend, indemnify and hold Dollie or any of its respective employees, agents or suppliers, harmless from and against any and all Losses arising out of or relating to (i) your gross negligence or willful misconduct or (ii) your use of the Services in violation of the Acceptable Use Policy or the Federal or State law; provided that (a) Dollie gives Client prompt written notice of the claim, (b) Dollie permits Client to have sole control over the defense and settlement of the claim and (c) Dollie reasonably cooperates with Client in the defense and or settlement of the claim. Client’s indemnification obligations include claims arising out of acts or omissions by your employees or agents, users and any other person who gains access to Client’s data or websites as a result of Client’s failure to utilize reasonable security measures.

12. NO SOLICITATION

    12.1 Dollie and Client each agree that, during the term of this Agreement, and for a period of one year thereafter, the Parties will not participate in, assist or encourage the solicitation or hiring by the other party or by another business entity of any person that is an employee or independent contractor of the Parties.

13. MISCELLANEOUS

    13.1. Any notification or written communication required by or contemplated under this Agreement shall be in writing and shall deemed to be delivered if transmitted via e-mail at the e-mail addresses listed below, except for any notice of termination of this Agreement which shall be in writing and sent by United States Mail, Certified Mail, Return Receipt Requested and shall be deemed to have been delivered five (5) days after the date of mailing. Addresses and e-mail addresses for such notices shall be:

    Dollie, c/o Stratus5, The Guinness Enterprise Centre, Taylor’s Lane, Dublin, Dublin 8, Ireland

    13.2. The Parties agree that Dollie shall be an independent contractor and not an agent, employee or representative of Client. Client shall have no right to direct or control the details of the Dollie’s work. Dollie shall not receive any fringe benefits or other perquisites that the Client may provide to its employees and Dollie agrees to be responsible for its own business overhead and costs of doing business and to furnish (or reimburse Client for) all tools and materials necessary to accomplish the services required of the Dollie pursuant to this Agreement, and shall incur all expenses associated with performance, except as expressly provided in Exhibits or amendments to this Agreement. Dollie shall be responsible for paying all taxes on payments received pursuant to this Agreement and that Client shall have no obligation to withhold taxes from service fees payable to the Dollie hereunder. Dollie hereby indemnifies and holds the Client harmless any obligation that may be imposed on Client (i) to pay in withholding taxes or similar items or (ii) resulting from Dollie’s being determined not to be an independent contractor.

    13.3 Except as specifically provided in this Agreement, the parties agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement shall be submitted to binding arbitration to be held in Tulsa County, Oklahoma in accordance with the rules of the American Arbitration Association (the “Rules”). The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. Each party shall bear the costs of its counsel. In addition to any award, the arbitrator shall have the right to assign the costs of the arbitration as the arbitrator deems just and equitable.

    13.4. In interpreting the terms of this Agreement, the parties agree that the laws of the State of Oklahoma shall be applicable.

    13.5. Parties shall retain all right, title and interest in and to each party’s respective intellectual property rights, including without limitation, all patents, inventions, trademarks, copyrights and trade secrets. Any intellectual property used, developed or otherwise reduced to practice in providing the Services to Client shall be the sole and exclusive property of Dollie and/or its licensors. Client acknowledges and agrees that it does not acquire any ownership interest in any of the servers or other hardware used to provide the Services hereunder. Similarly, Dollie does not acquire any ownership interest in the content or data that Client stores on the servers or transmit via the Services. Client acknowledges and agrees that third party software and hardware are used in the provision of Services. Accordingly, Client agrees to abide by the terms and conditions of any end user licenses or other agreements relating to the use of such hardware or software. Client acknowledges and agrees that any IP addresses that Dollie may assign to you in connection with the Services are registered to and owed by Dollie and upon any expiration or termination of this Agreement; you agree to release and cease using any such IP addresses.

    13.6. This Agreement, and any Statement of Work attached hereto, contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorized representatives of the parties. If any provisions hereof are deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be affected and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.

    13.7. This Agreement shall become effective upon the Clients first use of our services.

SERVICE LEVEL AGREEMENT

DEFINITIONS:

Host = Dollie® and/or its Parent Company

Owner, User, You, Your = You, The paying Customer.

Scheduled Maintenance = maintenance (e.g. repairs, modifications, or upgrades) that is announced at least 48 hours in advance;

This Service Level Agreement (the “SLA”) is an integral part of your agreement with Host for the provision of services (collectively the “Services”) set forth on the Service and Pricing Order Form.

This SLA defines the terms of our responsibility with respect to the Services that we provide (the Service Commitments) and your remedies in the event that we fail to meet these Service Commitments. This SLA and the refunds set forth herein (the Service Credits) represent Host’s sole obligation and your sole remedy for our failure to meet such Service Commitments.

YOUR SITE VS. OUR SERVICE

Your WordPress website is unique to you. You’ve chosen the plugins, the theme, and made any manner of customization to it. Your audience is also unique to your site. They may purchase goods, browse articles, or vote in an online poll. These choices and decisions are all factors that influence how your site may perform: Random site A may easily handle millions of page views, while Random site B may barely handle 10 visitors concurrently before suffering performance problems. Each site will perform differently under identical hosting plans. Therefore in nearly every case: A 503 error on your site is not an outage of our service.

There are some cases where our service would be to blame though: we misconfigured something, our automation failed, or there is a bug in our code. This distinction between your site and our service is important to understand in the context of an SLA.

We at Dollie will do everything we can to help you succeed, respond to issues that may arise in a prompt and professional manner, and offer guidance and advice on best practices as it pertains to WordPress performance and security.

PUBLIC CLOUD IAAS VENDORS RISK ACCEPTANCE

Parties understand that Host utilizes various Infrastructure as a Service (IaaS) “Cloud” vendors for some or all aspects of computing, digital storage, and network services used in the course of delivering the Dollie service to customers. These Vendors may include but are not limited to OVH, Amazon Web Services (https://aws.amazon.com/), Google Cloud, Microsoft Azure and/or other public cloud vendors chosen by Host.

Parties agree that the use of cloud IaaS vendors has inherent and implied risks of disruptions in availability, performance, uptime and other aspects of use including but not limited to potential data loss, security issues, and government agency monitoring or interference whether known or unknown. Accepted industry best practices in systems architecture design, information security, and business process have been employed by Host as is commercially feasible to mitigate the possible effects these disruptions may have on our service and our clients use thereof. No guarantee, SLA, warranty, or assurance is offered or implied by Host as it may relate to those events that are or may be reasonably determined outside of Host’s influence or control. You recognize that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of Host. This SLA and the 99.9% Service Availability Commitment cover the provision of access by Host to the global internet “cloud”. Routing anomalies, asymmetries, inconsistencies and failures of the Internet or IaaS vendor outside of the control of Host can and will occur and such instances shall not be considered any failure of the 99.9% Service Availability Commitment.

Service Commitments

The service commitments under this SLA are as follows:

99.9% AVAILABILITY GUARANTEE

Host guarantees our service will be available and free of material defects for use by customers at minimum 99.9% of the hours in a calendar month. In the event that our service does not experience 99.9% availability in a given month (see Excluded Events below), the Host will reimburse Client for loss of service with a refund of monthly payment as a percentage of downtime in excess of 0.1% of total hours in a calendar month.

BACKUPS

Host runs nightly backup for each customer. The retention period is 14 days. User may log in to their control panel at any time and click to download a full copy of their site’s files and database. For Enterprise plans, users may request additional backups or offsite.

SERVICE CREDIT REQUESTS

All SLA claims must be filed in writing to Host Accounting (Host) within 7 days of the incident. The support ticket must include all relevant information, including server name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.

In order to qualify for Service Credits, you must be current on all payment obligations, not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of Host.

Total cumulative Service Credits during any given month shall not exceed your monthly fee for those Services affected.

Host proactively monitors network uptime, infrastructure uptime and hardware availability. The results of these monitoring systems shall provide the sole and exclusive determination of network uptime, infrastructure uptime and hardware availability.

EXCLUDED EVENTS

No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by you or your personnel, (ii) due to failure of any equipment provided by you, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which you are entitled to a Service Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from your breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of Host (vii) any issue arising as a result of failure, outage, negligence, or other disruption of service at the underlying IaaS provider.

RIGHT TO MODIFY

Host may modify any aspect of this SLA with or without prior notice. Should you wish to terminate the Service as a result of such modification, you may do so by sending a termination notice to Host any time prior to the effective date of such modification. Absent such termination notice, the modified SLA shall apply from the effective date for as long as you continue to retain Services from Host.

ACCEPTABLE USE POLICY

DEFINITIONS:

Host = Dollie® and/or its Parent Company

Owner, User, You, Your = You, The paying Customer.

This Acceptable Use Policy (the “Policy” or “AUP”) is an integral part of your agreement with Host for the provision of services (collectively the “Services”) set forth on the Service and Pricing Order Form.

This Policy is designed to help protect Host’s customers from irresponsible and/or illegal activities. The Policy is a non-exclusive list of the actions prohibited by Host and Host reserves the right to modify the Policy at any time, effective upon notice to you. Host reserves the sole and absolute right to interpret, apply, define and implement this Policy.

WORDPRESS HOSTING

Dollie® is Managed Hosting for WordPress (https://wordpress.org) and WordPress compatible plugins and themes. Any other software applications or frameworks including but not limited to: phpBB, Joomla, or Drupal is forbidden without Host’s express written consent. Host retains the right to audit all customer supplied code for performance and/or security concerns and allow or disallow at sole discretion.

DMCA COMPLAINTS

As Dollie 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 a Dollie hosted site violates your copyright, you are encouraged to notify Dollie in accordance with Dollie’s Digital Millennium Copyright Act (“DMCA”) Policy. Dollie will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Dollie will terminate a customer’s access to and use of the service if, under appropriate circumstances, the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of Dollie or others. In the case of such termination, Dollie will have no obligation to provide a refund of any amounts previously paid to Dollie.

ILLEGAL USE

Any use of Host Services in a manner which is defined or deemed to be statutorily illegal is a direct violation of Host’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.

OFFENSIVE CONTENT

You may not use any Host Service to distribute content or links to content that Host reasonably believes:

Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts;

Is excessively violent, incites violence, threatens violence or contains harassing content or hate speech;

Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

Is defamatory or violates a person’s privacy;

Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security or interferes with a investigation by law enforcement;

Improperly exposes trade secrets or other confidential or proprietary information of another person;

Is intended to assist others in defeating technical copyright protections;

Infringes on another person’s copyright, trade or service mark, patent or other property right;

Promotes illegal drugs, violates export control laws, relates to illegal gambling or illegal arms trafficking;

Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Host;

Is otherwise malicious or fraudulent, or may result in retaliation against Host by offended recipients; or

Is intended to harass or threaten.

CHILD PORNOGRAPHY

Host has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and Host’s AUP.

DENIAL OF SERVICE

Host absolutely prohibits the use of services or network services for the origination or control of denial of service (“DOS”) attacks or distributed denial of service (“DDOS”) attacks. Any relation to DOS or DDOS type activity is a direct violation of Host’s AUP.

SERVER ABUSE

Any attempts to undermine or cause harm to a Host server or subscriber of Host is strictly prohibited including, but not limited to:

Logging into a server or account that you are not authorized to access;

Accessing data or taking any action to obtain services not intended for you or your use;

Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization;

Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Host’s systems;

Interfering with, intercepting or expropriating any system, data or information to which you do not have the right to access; and

Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding”, “mail-bombing”, or “crashing” any computer system.

IRC

We do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

PROXIES

We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

GAME SERVERS

We do not allow game servers (dedicated game server programs) of any kind.

FRAUDULENT ACTIVITIES

Host prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Host’s AUP.

DISTRIBUTION OF MALWARE

Host prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity; provided, however, programs used in the normal ordinary course of business are deemed acceptable. As an example, a security company hosting at Host analyzes the latest root kit for new security analysis/software.

PHISHING

Host strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, user names, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

HYIP OR PONZI SCHEMES

High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

VULNERABILITY MONITORING AND TESTING

You may not attempt to probe, scan, penetrate or test the vulnerability of a Host system, subsystem or network, customer web application, or to attempt to breach security or authentication measures, whether by passive or intrusive techniques, without Host’s express written consent.

ATYPICAL USAGE

Any accounts reasonably deemed by the host to be used for atypical purposes such as competitive analysis or research, compliance auditing and testing, or use in or by a bug bounty program are forbidden without Host’s express written consent.

FAIR USAGE POLICY

Dollie’s Services are subject to a Fair Use Policy. “Excessive use” of the Service means usage that negatively affects the experience of other customers on the server. If your website affects server performance as determined by Dollie, in our sole judgment, Dollie may take any of the following actions, or any combination thereof:

Work with you to incorporate a CDN or other load alleviating technology into your site; and/or Upgrade your site plan to a dedicated plan with a greater performance usage with the corresponding higher monthly fee; and/or Throttle your upload and download speed for a period of one month, with your monthly fee remaining the same; and/or Suspend your access to the services for one month, with your monthly fee remaining the same; and/or Restrict or terminate your account for non-compliance with the provisions of this User Policy in accordance with the provisions of Dollie’s General Terms and Conditions. IP ADDRESS USAGE

You may only use IP addresses assigned to you by Host in connection with your Host Services.

BULK MAIL

You may not use any Host Service to send Bulk Mail. “Bulk Mail” means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. A mail message sent to other users within your domain names hosted on the Host system is not considered Bulk Mail.

UNSOLICITED MAIL

You may not send unsolicited email. Email is unsolicited if you have no pre-existing relationship with the recipient, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email. You may not send email of any kind to a person who has indicated that they do not wish to receive it. Any such email shall comply with all laws and regulations, including without limitation, the CAN SPAM Act.

MESSAGE SOURCE

You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting message headers or return addresses.

EMAIL ABUSE COMPLAINTS

Complaints from email recipients and third party abuse agencies (e.g. SpamHaus or Spamcop) shall be deemed proof of the facts stated therein unless you provide compelling evidence to the contrary. Host shall have the right to terminate your mail service if we receive excessive or repeated complaints from your email recipients, regardless of whether you are in breach of this AUP or are otherwise at fault.

BLACKLISTING/RETALIATION

Host may terminate your Services if your email address or related IP number(s) is/are blacklisted by any third party, or Host is retaliated against as a result of your use of the mail system, regardless of whether you are in breach of this AUP or are otherwise at fault.

USENET SPAM

The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of Host’s AUP. This includes UseNet services located within the Host network or unrelated third party networks.

HOST ADMINISTRATIVE ACCESS

You, the customer, acknowledges that to facilitate efficient server management, inventory and related activities, the Host servers may include a Host administrative account and password and/or a Host daemon. All reasonable precautions are made by Host to maintain the security of these tools and the privacy of client data. You will not tamper, hinder, delete or in anyway change the functioning of these tools.

RESELLER RESPONSIBILITY

If you resell, rent or otherwise allow third parties to use any Host Services, you are responsible for use of the Services by such third parties in violation of this AUP to the same extent as if you were using Host Services yourself. You are also responsible for all accounting and support for your end customers.

DISCLOSURE TO LAW ENFORCEMENT

Occasionally, Host is required by law to submit customer information to law enforcement officials when presented with a valid subpoena or order from a court or governmental entity. Information requested is disclosed as directed pursuant to the subpoena or order. Host utilizes great care in keeping customer information safe and private and will only release information described in the subpoena order. Host will notify customer of the information request to the extent permitted by the subpoena or order.

REPORTING VIOLATION OF THE ACCEPTABLE USE POLICY

Host accepts reports of alleged violations of this AUP via email.

Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. Host owes no duty to third parties reporting alleged violations; provided, however, Host will use commercially reasonable efforts to review all verified third party reports and will take appropriate actions as described within the resolution process as set forth in Table A below.

RESOLUTION PROCESS FOR VIOLATIONS OF HOST’S ACCEPTABLE USE POLICY

The ultimate goal of this AUP by Host is to balance the rights of our customers while ensuring full compliance of this AUP. The goal of our Resolution Process is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staff is dedicated to working with the customer in resolving potential violations, and are available via phone or email. The resolution process below provides the process for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Host is dedicated to working with the customer in resolving all potential violations prior to any service interruptions.

STEP 1: FIRST ALLEGED VIOLATION OF AUP:

A ticket will be generated under Host to obtain the customer’s master user account with information regarding the potential violation of Host’s AUP. This is often a fact-finding email requiring further information or notifying customer of the potential violation and the required actions to resolve the issue.

STEP 2: ACKNOWLEDGEMENT OF VIOLATION OF AUP:

A ticket is generated under the customer’s master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.

STEP 3: VIOLATION OF AUP DISREGARDED, NOT PROPERLY ADDRESSED, OR CONTINUING VIOLATION IF A TICKET HAS BEEN DISREGARDED, NOT PROPERLY ADDRESSED, OR RESOLVED BY THE CUSTOMER FOR A SPECIFIED PERIOD OF TIME:

Host engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services may then be achieved through the secure private service network for customer resolution. As soon as the violation is addressed, the public access shall be restored and service will continue as normal.

STEP 4: FAILURE TO ADDRESS VIOLATION AND RESOLVE VIOLATION:

If customer fails to address the violation AND resolve the violation, a suspension of services may occur in Host’s sole discretion. This is a last resort for Host and only results when the customer completely fails to participate in Host’s resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of customer’s data.

Disclaimer: Host retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Host also retains the right to discontinue service to customers with excessive and/or multiple repeated violations.

PRIVACY POLICY

Dollie Inc. (“Dollie”) operates several websites including GetDollie.com. It is Dollie’s policy to respect your privacy regarding any information we may collect while operating our websites.

Covered Entities

For the sake of this policy, the covered entities to which it is applied are:

Our website — getdollie.com

Our User Portal

Website Visitors

Like most website operators, Dollie collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Dollie’s purpose in collecting non-personally identifying information is to better understand how Dollie’s visitors use its website. From time to time, Dollie may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website or service.

Dollie also collects potentially personally-identifying information like Email address, Personal website URL and Internet Protocol (IP) addresses for logged in users and for users leaving comments on Dollie hosted blogs. Dollie only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.

Transparency Report:

A detailed data collection transparency report on what data we collect, and how it is shared with third parties is regularly updated here https://Dollie.com/legal/transparency-privacy-report/

Gathering of Personally-Identifying Information

Certain visitors to Dollie’s websites choose to interact with Dollie in ways that require Dollie to gather personally-identifying information. The amount and type of information that Dollie gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a an account to provide a username and email address. Those who engage in transactions with Dollie — by purchasing access to the service — are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Dollie collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Dollie. Dollie does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Inside the Dollie plugin we track basic details about the installation and other plugins installed to provide support and resolve issues related to 3rd Party plugins. This means we collect server environment details (php, mysql, server, WordPress versions), Number of users in your site, Site language, Number of active and inactive plugins, Site name and url, Your name and email address. No sensitive data is tracked. We are using Appsero to collect this data from your WP install. Learn more about how Appsero collects and handle your data.

Aggregated Statistics

Dollie may collect statistics about the behavior of visitors to its websites. For instance, Dollie may monitor the most popular sites on the service. Dollie may display this information publicly or provide it to others. However, Dollie does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Dollie discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Dollie’s behalf or to provide services available at Dollie’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Dollie’s websites, you consent to the transfer of such information to them. Dollie will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Dollie discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Dollie believes in good faith that disclosure is reasonably necessary to protect the property or rights of Dollie, third parties or the public at large. If you are a registered user of an Dollie website and have supplied your email address, Dollie may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what is going on with Dollie and our products. We primarily use our product blog (https://Dollie.com/blog/) to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Dollie takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Dollie uses cookies to help Dollie identify and track visitors, their usage of Dollie website, and their website access preferences. Dollie visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Dollie’s websites, with the drawback that certain features of Dollie’s websites may not function properly without the aid of cookies.

Business Transfers

If Dollie, or substantially all of its assets, were acquired, or in the unlikely event that Dollie goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Dollie may continue to use your personal information as set forth in this policy.

Privacy Policy Changes

Although most changes are likely to be minor, Dollie may change its Privacy Policy from time to time, and in Dollie’s sole discretion. Dollie encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

EU-US and Swiss-US Privacy Shield

Dollie complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.Dollie has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

Customers can verify Dollie’s participation in the EU-US Privacy Shield by utilizing the EU-US Privacy Shield List here: https://www.privacyshield.gov/list

Onward Transfers and Data Sharing

Dollie may share personal data with third parties in order to provide a better service. Dollie provides a full transparency report on any collected personal data regarding: what is shared, to whom it is shared with, the business purpose for sharing your data, if the data is required for our service, and provide links to the third party’s privacy policy. This private data transparancy report is available at https://Dollie.com/legal/transparency-privacy-report.

Dollie is responsible for the processing of the personal data it receives, under the Privacy Shield Framework, and for any data transferred to a third party acting as an agent on our behalf.Dollie complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

Individual rights

It is our belief the individual has the ownership and rights to the data collected about themselves. You have the right to know what we are doing with your data, whom it is shared with, control over accuracy, removal or limit/resitricting our usage of your data upon request.

If an individual wishes to the exercise the right to control their personal data collected by Dollie sites or services, they may do so by contacting privacy@Dollie.com. We will be glad to assist individuals with the management, removal, limitation, validation, or other aspects of control over any data collected on said individual.

If you prefer notification in writing, please include a detailed request and your contact information sent to the following address:

Dollie, c/o Stratus5

36 Abbotts Hill

Malahide

Co. Dublin

If we fail to address your data privacy concerns via the contact information above. We have contracted JAMS (a dispute resolution provider based in the US) as our independent dispute recourse provider. This recourse provider is available to address privacy complaints and provide appropriate recourse free of charge to the individual filing a privacy related complaint against Dollie.

Under certain conditions described under the EU-US Privacy Shield you have the right to invoke binding arbitration to address Dollie’s handling of your personal data.

Dollie is subject to the investigative and enforcement powers of the FTC (Federal Trade Commission) within the United States. Dollie may disclose personal data in response to lawful requests from law enforcement, to comply with court orders and warrants, or for national security purposes.

REFUND POLICY

OUR REFUND POLICY

The Host at its sole discretion will determine if a refund of any kind will be given.

Pre-requisite conditions for any refund to be considered:

Adherence to and the non-violation of the Terms of Service, Acceptable Use Policy, or any other policy as published on this site /legal/. The host has no reasonable suspicion of fraudulent activity in relation to the transaction The account is current and paid in full Typical refund scenarios when conditions above are satisfied:

Monthly CreditCard Billing Canceling prior to the first monthly billing cycle of new account signup – full refund Canceling at any time after first billing cycle – prorated refund Annual or Invoice Billing Canceling within 30 days of new account signup – full refund

Canceling at any time after 30 days – prorated refund less 10%

DATA PRIVACY & TRANSPARENCY REPORT

Dollie servers and services are hosted within the OVH infrastructure. Any point where we state data is collected or stored at Dollie, it also implies that the data is within an OVH data center. OVH has an extensive privacy policy and compliance page.

Learn More at: https://www.ovh.com/ca/en/support/privacy-policy.xml

SLACK CHANNEL USAGE POLICY

Dollie prides itself in delivering exceptional service to each and every customer. Sometimes, we’ll even provide access to a private Slack channel for low latency, collaborative assistance during onboarding, for a specific project, or website launch. This is unparalleled in our industry and speaks to our level of commitment to you.

As you can imagine, this approach can be difficult to scale when guest channels are unregulated and can disrupt our normal support channels. The spirit of our courtesy Slack channel is to help you get your project underway, coordinate during those moments where a ticket or our regular live chat just doesn’t cut it, and to be able to do so in a group context. Eventually, the channel must be archived.

This document outlines our policy for usage of Dollie’s Guest Slack channels. We appreciate your understanding and adherence to these guidelines.

CHANNEL PERSISTENCE

All Slack guest channels have a default shelf life of thirty (30) days. If your project, website launch, or any other originating reason for the channel requires more time than that, you may request an extension by contacting us.

If you would like to keep your Slack channel on an ongoing basis with no set time limit, please open a new support ticket as the account owner to discuss the available options. We understand that some cases warrant a persistent channel so we are willing to work with you in a way that will make this a manageable long term solution.

GUEST LIMIT

There’s a limit of three (3) guests. You may request the guests to be changed, but it cannot exceed a total of 3.

HOURS OF OPERATION

Our Slack hours are 7 a.m. to 10 p.m. UTC, Monday through Friday.

Note: We provide 24/7 continuous support via support ticket for all customers for all issues.

While at times you may get a response outside of these hours via Slack, we request that you use our support ticket system. We will make sure to follow up with you as soon as possible!

TOPICS START WITH TICKETS

The Slack channel is not a front door to our Support and Engineering teams, its purpose is to make communication more efficient regarding an existing support ticket.

By default, we request that you use our normal support ticketing and live chat system (tickets are generated from all live chats) found within https://atomic.Dollie.com/. If you have team members that need access to this live chat system, our brand new Collaborator Management feature is the perfect way to get them added to Atomic with the appropriate level of access. Once you’re in, you can file tickets to gain assistance from our 24/7 Support Team. If a particular ticket warrants a discussion over Slack, we’re happy to work with you over that channel during our normal hours.

AFFILIATE TERMS OF SERVICE

TERMS AND CONDITIONS

As an authorized affiliate (Affiliate) of Dollie Inc (Dollie), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Dollie as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Dollie by your own website or personal referrals.

By signing up for the Dollie Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

1. Approval or Rejection of the Application

   We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions

   Commissions will be paid via the schedule determined by the program software(Impactradius). For an Affiliate to receive a commission, the referred account must remain active for a minimum of 97 days.

   You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only.

   Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

3. Termination

   Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

   Inappropriate advertisements (false claims, misleading hyperlinks, etc.). Spamming (mass email, mass newsgroup posting, etc.). Advertising on sites containing or promoting illegal activities. Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws. Violation of intellectual property rights. Dollie reserves the right to require license agreements from those who employ trademarks of Dollie in order to protect our intellectual property rights. Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Self referrals, fraudulent transactions, suspected Affiliate fraud. In addition to the foregoing, Dollie reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

4. Affiliate Links

   You may use graphic and text links both on your website and within in your email messages. You may also advertise the Dollie site in online and offline classified ads, magazines, and newspapers.

   You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.

5. Coupon and Deal Sites

   Dollie occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

   Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.

   Affiliates may not bid on Dollie Coupons, Dollie Discounts or other phrases implying coupons are available.

   Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.

   User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

   Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie.

   Affiliates with such text on the merchant landing page will be removed from the program immediately.

6. Pay Per Click (PPC) Policy

   PPC bidding is NOT allowed without prior written permission.

7. Liability

   Dollie will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

   We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Dollie. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

8. Term of the Agreement

   The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

   The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

9. Indemnification

   Affiliate shall indemnify and hold harmless Dollie and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Dollie to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

10. Governing Law, Jurisdiction, and Attorney Fees

    This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Oklahoma. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Tulsa, Oklahoma.

    In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

11. Electronic Signatures Effective

    The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Dollie affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the ImpactRadius and/or Dollie application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

DMCA Policy

DMCA NOTIFICATIONS

Dollie may receive DMCA notices reporting alleged infringing content on our customer websites. As a service provider, after receiving valid and actionable DMCA notification Dollie team members will take the following steps:

Disable Reported Content

The content reported as allegedly infringing within the DMCA notice will be disabled on the domain hosted with Dollie.

Dollie Client Notified

We notify the Dollie client to inform them of the DMCA notice and of the content that has been disabled. The notification is done through our ticketing system which will send out an email to the account owner which includes information on steps taken to remove the alleged infringing content, as well as a copy of the DMCA notification.

Reporting Party Notified

The party which filed the DMCA claim is notified that the content has been disabled and that the Dollie client was notified of the DMCA notice.

COUNTER-DMCA NOTIFICATIONS

If the Dollie client believes the DMCA notice was filed fraudulently, a DMCA counter-notice can be filed. Once the Dollie team receives a valid and actionable DMCA counter-notice (as described in the “Contents of counter notification” section the DMCA law) we will take the following steps:

Reporting Party Notified

The party that filed the DMCA claim will be notified of the counter-notification, and forwarded a copy of the counter-notification.

Dollie Client Notified

Our team will update the ticket with our client giving an update that the counter-notice was properly sent to the party which filed the DMCA claim.

Re-Enablement of Content

As per the “Replacement of Removed or Disabled Material” section of the DMCA, the content which was disabled must remain disabled for no less than 10 and no more than 14 business days, unless we first receive notice from the person who submitted the initial DMCA notification that they have filed an action seeking a court order to restrain Dollie and/or its client from engaging in infringing activity relating to the material reported in the initial DMCA notification. If Dollie received such a court order, we will comply with the legal request within the order.

NON-US BASED CLIENTS

Dollie is a US based organization and therefor will follow US based laws such as the DMCA. Dollie clients who are based outside of the US, must still comply with all US based laws on their websites hosted within our network. Dollie clients who are living outside of the US may still file counter notifications which includes specific instructions for non-US based entities which can be found in the “Contents of counter notification” section of the DMCA law.