DODGE GROUP COMMUNICATIONS, INC.

TERMS of SERVICE


The information on this page is provided as the Current and Potential End-User (The Client)'s Terms Of Services. These Terms are defined by Dodge Group Communications, Inc. (Dodge Group Communications) and dictate the methods by which Dodge Group Communications and The Client interact. The terms and conditions set forth herein constitute a full and complete agreement between The Client and Dodge Group Communications. By using the Dodge Group Communications website, servers, and/or services, The Client agrees to and are bound by the Terms of this Agreement.

 

1. Fees, Payment Of Fees, Refunds

1.1. Fees

1.1.1. Dodge Group Communications charges account setup fees and services-to-be-rendered fees. All such fees are subject to change with thirty (30) days notice. A list of current fees is available on the Dodge Group Communications website (www.dodgegroup.com). Unless otherwise specified in any offer or promotion, the fees published on the Dodge Group Communications website are applicable to all transactions between The Client and Dodge Group Communications. The contract between The Client and Dodge Group Communications is effective from the earlier of (1) Account Activation or (2) Receipt of Confirmation / Payment regarding the Order.

1.1.2. Dodge Group Communications reserves the right to offer subsequent promotional rates which may, or may not, be more favorable than the terms under which The Client entered into agreement. Any such promotional rates shall not effect the then existing rights and/or responsibilities of each party. Dodge Group Communications reserves the right to change the rate charged for any such fee under this agreement with thirty (30) days notice. Promotional offers and/or rates may not be combined.

1.1.3. Dodge Group Communications charges a non-refundable setup-fee as well as periodic service fees which, in some cases, may be refundable, as further set forth herein. Depending on the services ordered from Dodge Group Communications, Dodge Group Communications specifically reserves the right to institute additional charges upon notice to The Client. Dodge Group Communications reserves the right to alter, change, amend, or delete charges at its sole discretion. Dodge Group Communications further reserves the right to institute new services and charge fees in association with the provisioning of such new services as it seems appropriate.

1.1.4. Dodge Group Communications charges services adjustment fees based on the service(s) The Client selects. These fees include, but are not limited to, bandwidth consumption and space usage exceeding that outlined in the contract, usage of services not included in the contract, and modification of services on the contract. These fees will be outlined, in full, and such outline will be sent to The Client for reference and payment.

1.1.5. Accounts marked overdue by Dodge Group Communications are subject to additional charges, applicable as soon as the first overdue billing period. Accounts overdue will have the following terms and late fees:

  • All overdue accounts are subject to potential account suspension as of the first overdue billing period.
  • Payments more than one day, but less than seven days, are subject to a 20% late charge.
  • Payments more than seven days, but less than 30 days, are subject to a 35% late charge.
  • Any account Suspended for Late Payment or Failure To Pay will be subject to a 25% re-activation charge.
  • Any account over 30 days overdue is subject to termination.
  • Notifications of accounts that are past-due will be provided by Dodge Group Communications to The Client via the Automated Invoice System. Automated Electronic Invoicing will include Section 1.1.5. of the Dodge Group Communications Terms Of Service.

1.2. Payment Of Fees

1.2.1. Payment of fees may be made in multiple formats. The most common is Electronic Processing through our Third Party Vendors such as PayPal. These vendors offer payment services through Credit Card (Visa, MasterCard, American Express, Discover) as well as e-Check (Electronic Check Processing). Additional methods include physical transaction payments (Money Order or Cashiers Check). Payments utilizing such services are subject to additional processing fees (postage, as outlined by the Postal Service). Payments made through our Third Party Vendors are subject to fees and penalties as outlined by those vendors.

Payments made through Money Order or Cashiers Check should be made out and shipped to the following address. Please include a printout of your submitted order notification or Invoice (including your Client ID, Invoice ID, and contact information) so that Dodge Group Communications may properly activate your account.

Dodge Group Communications, Inc.
P.O. Box 577
Jupiter, Florida 33468

1.2.2. Payment for all products and services is due in advance, unless specifically stated otherwise in the offer or promotion pursuant to which The Client ordered or is ordering. All payments shall be made in United States Dollars. Dodge Group Communications accepts electronic payment processing via Third Party Vendors such as PayPal, as well as physical transaction payments (Money Orders or Cashiers Checks) via the postal mail. Please review Section 1.2.1. for more details.

1.2.3. Payments made by Credit Card. Prior to account activation, The Client must submit electronic payment through our Third Party Vendors. Such submission should include the amount of fees due for the agreed upon services, together with any applicable setup fees, services adjustment fees, or any other charges outlined herein as may be applicable. Accounts utilizing Credit Card or e-Check Payments will be subject to Verbal Confirmation of the intent prior to account activation.

1.2.4. Payment by Physical Means. Prior to account activation, The Client must submit physical payment to Dodge Group Communications as outlined above in Section 1.2.1. Such submission is subject to processing with up to a ten (10) day waiting period. Accounts utilizing this method, at the discretion of the Dodge Group Communications Billing Department, may have their account(s) activated prior to such processing.

1.2.5. Refusal or Rejection of any charge or portion thereof, electronic or physical, is grounds for immediate account suspension and/or termination. Such action may include the removal of The Client's data, and is at the discretion of Dodge Group Communications as outlined in Section 8. of this document.

1.3. Refunds of service fees will be made only for pre-payment sales of service beyond the renewal date following the effective notice and termination of this agreement, as outlined under Section 8.1.. All refunds shall be prorated based on the number of days which services remains unused as of the renewal date. Dodge Group Communications may grant refunds under other circumstances as it deems appropriate without waiving any other rights hereunder. There will be no refunds of setup fees, service adjustment fees, or domain purchasing fees.

 

2. Web Hosting Services

2.1. For the term of the agreement set forth herein, Dodge Group Communications agrees to provide the outlined Dodge Group Communications services, to the extent that have been subscribed, to The Client, upon activation of the account. Dodge Group Communications reserves the right to change, amend, and/or otherwise alter the Dodge Group Communications services with equivalent or otherwise equal services without prior notice to The Client.

2.2. Account activation and provisioning of the Dodge Group Communications services will commence as soon as possible after receipt of The Client's order and payment. Payments made through physical transactions, such as those made through the Postal Services, are subject to a ten (10) day waiting period in which payment clearance will be determined.

2.3. Subscribers to Dodge Group Communications services must be at least eighteen (18) years of age or provide written approval of a minors' legal guardian. Any Client under the age of eighteen must have a parent or guardian as a Point Of Contact on the account for billing contact purposes. The services Dodge Group Communications provides are not targeted at, or eligible for, individuals under the age of thirteen (13).

 

3. Acceptable Use Policy

3.1. Dodge Group Communications strictly enforces compliance with its Acceptable Use Policy. This policy is referenced as both the Dodge Group Communications Acceptable Use Policy, as well as Section 3. of the Terms Of Service. The Client agrees to maintain all services rendered in full compliance with the terms set forth below and in the Acceptable Use Policy on this Website. Failure to comply is cause for immediate suspension and/or termination of the account under Section 8 of the Terms Of Service. The Client agrees to:

  • Not violate the laws, regulations, ordinances, or other such requirements of any applicable Federal, State, or Local Government.
  • Not engage in activity of any kind that causes harm to minors, or to perform any activity which is likely to cause such harm.
  • Not take any action which encourages or consists of any threat or harm of any kind to any person or property.
  • Not transmit any unsolicited commercial or bulk e-mail, or engage in any action known or considered to be "spamming", "e-mail bombing", "denial of service" (DoS), or "distributed denial of service" (DDoS) attacks on any website, person, or internet service provider.
  • Not make any inappropriate, illegal, or otherwise prohibited communication to any newsgroup, mailing list, chat facility, or other internet forum.
  • Not make, or attempt to make, any unauthorized access to any Dodge Group Communications product or service, including that of other Clients.
  • Not make, or attempt to make, any unauthorized access to any non-Dodge Group Communications managed system.
  • Not infringe on any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted materials, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted works.
  • Not collect, or attempt to collect, personally identifiable information on any person or entity without their expressed written consent. Such written consent should be maintained on record throughout the terms of this agreement and for a minimum of three years thereafter.
  • Not undertake any action which is harmful, or potentially harmful, to the Dodge Group Communications servers or network infrastructure.
  • Not operate any commercial or personal website with erotic content unless such is outlined in the account contract.
  • Not operate any connections to any Internet Relay Chat (IRC) location unless outlined in the account contact.
  • Not operate any server, Internet Relay Chat Deamon, Radio, etc., unless outlined specifically in the account selected by The Client prior to account activation.
  • Not bind any portion of their site to certain ports such as:
    • Any port below 1024
    • Ports 6660-6669 (Unless specified on account)
    • Ports 7000-7050 (Unless specified on account)
    • Ports 8000 and 8080 (Unless specified on account)
    • Not operate any port scanners, sniffers, or any other utility designed to gather information deemed inappropriate. Operation of such application will result in immediate termination of the account.

3.2. Dodge Group Communications reserves the right, should a website be the cause of interruptions in Dodge Group Communications ability to provide services to other customers, to temporarily disable access to any such website. In such cases, Dodge Group Communications will notify the Client as soon as practical in an attempt to resolve the issue leading to the suspension.

3.3. The Client agrees not to operate any chat rooms, chat servers, or other similar services, on the Dodge Group Communications servers unless permission for such operation was specifically included in the service package ordered and paid for by The Client. Clients needing to inquire about such accounts may contact Dodge Group Communications.

 

4. Blocking of Bulk E-mail, Spam Tagging, and Virus Protection

4.1. Dodge Group Communications reserves the right to block e-mail from any open mail relay, IP Address, or other source that Dodge Group Communications believes are being used to send unsolicited commercial or bulk e-mail, commonly known as spam.

4.2. Dodge Group Communications uses applications designed to scan incoming, as well as outgoing, e-mail. These applications are designed to add mail headers for tagging, modify the mail subject, and completely block certain e-mails, based on the content. E-mail identified as "Spam" is tagged with certain headers and occasionally a modified subject (depending on the rating). E-mail identified as a Virus will be automatically removed from the server.

 

5. Ownership of Intellectual Property, Confidentiality

5.1. It is understood and agreed that during the term of this agreement, and thereafter, a Client may come into possession of information which is confidential and proprietary information of Dodge Group Communications. Such information includes, but is not limited to, Dodge Group Communications customer services and maintenance tools. The Client acknowledges that all right and title to any such Dodge Group Communications intellectual property shall remain the sole property of Dodge Group Communications, and that The Client has no right, title, or interest therein. The Client further agrees not to provide access to the Dodge Group Communications services to any third party, unless outlined in the account contract. Any and all right or title to any engineering, coding, programming, customer service work around, and/or other modification of the Dodge Group Communications services shall also remain the sole property of Dodge Group Communications.

5.2. During the term of this agreement, The Client may have access to certain information and materials relating to Dodge Group Communications, Clients, and Marketing, which Dodge Group Communications treats as Confidential (hereinafter "Confidential Information"). The Client agrees to, at all times during the terms of this agreement and otherwise set herein: (1) Hold in confidence and not disclose or reveal to any person or entity the Confidential Information without having prior expressed written consent of Dodge Group Communications; and (2) Not use or disclose any of the Confidential Information for any purpose at any time, other than pursuant to The Clients rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue three (3) years following termination of this Agreement with respect to Confidential Information which does not rise to the level of a trade secret.

5.3. For the purpose of this, Article 5, Confidential Information also includes passwords, login names, access codes, contact information, and server-specific information for Dodge Group Communications and its staff.

 

6. Domain Name Registration

6.1. Dodge Group Communications is not a Domain Name Registrar. Any domains purchased by Dodge Group Communications, be it for The Client or for Dodge Group Communications use, are purchased by Dodge Group Communications. Domains purchased by The Client and hosted at Dodge Group Communications are not subject to the below declarations.

6.1.1. Domains purchased for The Client via our "Unlisted Registration" remain the intellectual property of The Client though registered to Dodge Group Communications. Transfer of such domain to The Client upon Client request is available at no additional charge from Dodge Group Communications. Charges from external Domain Name Registrars may apply.

6.1.2. Any domain purchased by Dodge Group Communications for Dodge Group Communications use in which a Client utilizes the domain will remain the intellectual property of Dodge Group Communications. Transfer of any such domain to a Client is subject to Dodge Group Communications administration discretion and may incur additional charges.

 

7. Terms

7.1. The initial term of the Standard Agreement shall be one (1) month unless otherwise outlined during account creation. Automatic Invoicing will notify customer prior to payment due date, as well as for any past-due dates. Unless otherwise outlined, the Term shall be one (1) month. Optional services through our Third Party Vendors and PayPal, may provide a subscription based payment method. Customers interested in such services should contact our Sales Department. Payments made through Physical Transactions require payment to be available to Dodge Group Communications on or by the effective renewal date. Late payments are subject to Late Payment Fees as outlined in Article 1.1.5. Dodge Group Communications reserves the right to accept pre-payment. The Contract Term, however, shall remain at one (1) month unless otherwise outlined in the contract.

 

8. Termination

8.1. For any reason set forth herein or in the event that a Client shall breach any term of this Agreement, including, but not limited to Article 1.2 (Payment of Fees) and Article 3 (Acceptable Use), Dodge Group Communications may suspend and/or terminate the account and deactivate any access The Client, or users accessing The Clients website or service, to any information contained on the Dodge Group Communications servers related to the account. Suspension hereunder shall specifically include disabling of the Client hosted domain(s), account logins, and/or any other access to information or data related to the Client Account. Service charges will continue to accrue on suspended accounts and the Client will remain responsible for the payment of such charges during the period of suspension. Dodge Group Communications reserves the right to terminate any Client account forthwith and without notice for any breach of Article 3 of this Agreement.

8.2. This Agreement and all of its terms shall remain in full force and effect until terminated. Termination shall include the removal of any and all of the Client data, except that outlined in the Privacy Policy, from the Dodge Group Communications servers. Such information and/or data may or may not be made available to The Client by Dodge Group Communications after any such termination. This Agreement may be terminated either (1) after a period of suspension as defined in Section 8.1; or (2) by either party upon a thirty (30) day notice in advance of a renewal period for any reason, in which case the Agreement shall terminate at the end of the term ending after the thirty (30) days in which termination notice is received by the non-terminating party.

8.3. Either party may terminate this Agreement immediately and without further notice for cause. Cause for immediate termination under Section 7 exists (a) if payment for Dodge Group Communications services is more than fifteen (15) days overdue, (b) in case of any material breach of any of the provisions of this Agreement that is not cured within ten (10) days of the breaching party receiving notice thereof from the non-breaching party, or (c) any breach of provisions of Article 3 of this Agreement.

8.4. In the event of any termination under this, Article 8, any service fees paid in advance beyond the beginning of the next term will be refunded to The Client. This refund shall not include any setup fees, service adjustment fees, or late fees, all of which are non-refundable.

 

9. Notice

9.1. Any notice under this Agreement shall be given by Dodge Group Communications to The Client via e-mail at the address provided to Dodge Group Communications at the time of commencement with this Agreement, or as Dodge Group Communications is subsequently advised. Notice to The Client at this address is deemed sufficient regardless of the receipt of such e-mail.

9.2. The Client warrants that the contact information provided to Dodge Group Communications is, and will remain, accurate. The Client agrees to inform Dodge Group Communications within fifteen (15) days of any change of the following information:

  • Name
  • Company Name
  • Postal Mailing Address
  • Electronic Mailing Address
  • Payment System Processing
  • Other Electronic References
  • Account Types & Services

 

10. Warrantees, Limitations of Liability

10.1. Dodge Group Communications makes every reasonable effort to maintain operation of the Dodge Group Communications servers and services. However, because many events and circumstances are beyond the control of Dodge Group Communications, Dodge Group Communications does not in any way warrant or otherwise guarantee the availability of the Dodge Group Communications systems or services and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to active or passive negligence of Dodge Group Communications. Dodge Group Communications may, at it's sole discretion, limit or deny access to its servers if, in judgment of Dodge Group Communications, such limitations or denials of access are required to assure the security of the servers, network, integrity of the network structure, or to prevent damage to the network, software, or data stored on Dodge Group Communications servers.

10.2. All Dodge Group Communications Services are provided on an "as-is" basis and without any warranty of any kind, whether expressed or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.

10.3. Information obtained by a Client from the Internet may be inaccurate, offensive, or in some cases, even illegal. With the exception of the content found on the Dodge Group Communications Business Website, Dodge Group Communications has no control over information contained on the Internet. Dodge Group Communications, therefore, accepts no responsibility for any information which a Client may receive from the Internet. Clients accept full responsibility to verify the truth and accuracy, legality and ownership of the information it obtains from the Internet, as well as the reputation of the individuals with whom it may deal. Dodge Group Communications provides no warrantee for any goods or services which a Client obtains over the Internet, nor the compatibility of such services with the Dodge Group Communications Servers.

10.4. Clients specifically waive any claim for damages of any kind, whether direct, indirect, special, exemplary, punitive, incidental, or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether the material claimed to have been infringed upon is later found to be infringing.

10.5. The total, sole, and exclusive remedy available to a Client as the result of any breach of this Agreement, negligence, or any action or failure to act whether intentional or otherwise, shall be limited to the total amount of service fees paid by a Client to Dodge Group Communications in the six months immediately proceeding any allegation of entitlement to such remedy, but in no event to exceed $100.00. In no event shall Dodge Group Communications be liable for any indirect, special, exemplary, punitive, incidental, or consequential damages, loss of profits or loss of business as a result of any such action or inaction without regard to the likelihood of such damages.

 

11. Data Transfer Volume

11.1. Unless otherwise agreed to in writing, a data-transfer volume of two-thousand (2000) Megabytes per month is included in the Dodge Group Communications Services. The utilized data-transfer volume is calculated on the basis of all data-transfers that take place during any given calendar month (including, but not limited to, ftp, e-mail sending, e-mail receiving, website visits, user visitations). For the purpose of this Agreement, one (1) Gigabyte equals 1000 Megabytes, 1 Megabyte equals 1000 Kilobytes, and 1 Kilobyte equals 1000 Bytes.

 

12. Indemnity

12.1. Clients agree to fully defend, indemnify, and hold harmless Dodge Group Communications of and from any and all third party claims, causes of action, demands, costs, damages (direct and indirect), specifically including attorney fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as a result of any breach or claim of breach in this Agreement or Client negligence whether active or passive or any negligence of Dodge Group Communications in any way related to The Clients cause of Dodge Group Communications services or any portion thereof. Choice of counsel remains exclusively that of Dodge Group Communications.

12.2. Clients agree to fully defend, indemnify, and hold harmless Dodge Group Communications of and from any and all third party claims, causes of action, demands, costs, damages (direct and indirect), specifically including attorney fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to a Clients use of Dodge Group Communications services or any portion thereof. Choice of counsel remains exclusively that of Dodge Group Communications.

12.3. Clients agree, upon the assignment of a Customer ID, Login, and/or Password, to maintain the confidentiality of the account information and assume all responsibility of and from any loss, theft, or other destruction of any data as the result of any access to the account via the use of The Client Customer ID, Login, and/or Password. The Clients further agree to defend, indemnify, and hold harmless Dodge Group Communications of and from any and all third party claims, causes of action, costs, demands (direct and indirect), specifically including attorney fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the discloser of the Clients confidential Customer ID, Login, and/or Password information. Choice of counsel remains exclusively that of Dodge Group Communications.

 

13. General Provisions

13.1. Force Majeure / Withdrawal From Business

13.1.1. Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

13.1.2. In addition to any event of force majeure, as described in the foregoing paragraph, Dodge Group Communications may also terminate this Agreement in the event that Dodge Group Communications elects, at its sole discretion, to cease doing business in the United States for economic reasons or for any reason whatsoever. Customers who, at the time Dodge Group Communications ceases doing business in the United States, are taking advantage of any Dodge Group Communications offer for free services or other services that were intended to go beyond the date of cessation (hereinafter the "Extended-Services"), may not recover any damages from Dodge Group Communications in the event that they incur costs and expenses related to the cessation of the Extended-Services, nor do such customers have, nor may they bring, any claim for repayment of such costs and expenses, including without limitation, fees paid to other hosting services for the balance of time remaining with respect to any Dodge Group Communications offer of Extended-Services. Customers receiving Extended-Services at the time of cessation of business shall be entitled to a reimbursement of their pre-paid service fees, if any.

13.2. Assignment. This Agreement and the rights hereunder is not assignable or transferable except that Dodge Group Communications may freely assign all of its rights hereunder to any person or entity who shall become a principle owner or shareholder, or to any affiliated company or successor in the interest of Dodge Group Communications. Any other attempted transfer or assignment of rights hereunder shall be null and void. Upon any such assignment by Dodge Group Communications to any other party, including to any affiliated company or successor in the interest of Dodge Group Communications, Clients have the right to terminate this Agreement by giving notice thereof in writing to Dodge Group Communications. Any such termination shall become effective thirty (30) days after the receipt of such notice by Dodge Group Communications. Dodge Group Communications reserves the right to assign subcontractors to a project, or to include third-party software, programming, scripting or coding as appropriate, at the sole discretion of Dodge Group Communications.

13.3. Severability. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

13.4. Choice Of Law. This Agreement shall be interpreted under the laws of the State of Florida, without regard to conflict of law provisions.

13.5. Dispute Resolution

13.5.1. Any claim, dispute, or controversy with respect to, in connection with, or arising out of this Agreement, shall be subject to and decided by arbitration in the Town of Jupiter of the State of Florida by a panel of three (3) arbitrators. Each party shall designate one disinterested arbitrator and the two arbitrators so designated shall select a third arbitrator. The persons selected as arbitrators need not be professional arbitrators and persons such as lawyers, accountants, brokers, and bankers shall be acceptable, but each shall have substantial experience with respect to information technology and development. The arbitration proceedings shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Associate then and there pertaining. Any party may initiate arbitration proceedings hereunder by providing written notice (Demand For Arbitration) to the party so such claim, dispute, or controversy. A Demand for Arbitration shall be made within a reasonable time after the claim, dispute, or controversy has arisen: provided, however, that no Demand for Arbitration may be made after the date which institution of such claim, dispute, or controversy, would be barred by the applicable statutes of limitations. Arbitration proceedings shall be commenced within thirty (30) days of such notice or as soon thereafter as practical, and the arbitrators shall be required to render a written determination within thirty (30) days after the commencement of such arbitration proceedings. The written award of a majority of the arbitrators shall be final and binding upon the parties and judgment may be entered upon in accordance with applicable law in any court having jurisdiction thereof, including the federal district courts located in Palm Beach County, Florida. All costs of any such arbitration shall be shared equally by the parties.

13.5.2. This section shall not be constructed to prohibit either party from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction; however, the arbitrator hearing the dispute to which the injunction pertains will have the power to modify or dissolve any such injunction, or to order additional injunctive relief, in connection with the final arbitration award. The parties, their representatives, other participants, and the mediator and arbitrator shall hold the existence, content, and result of any mediation and arbitration in confidence except to the extent necessary to enforce a final settlement agreement or to obtain and secure enforcement of or a judgment on the arbitration decision and award.

13.6. No Agency. Nothing contained herein shall be interpreted as creating an agency, partnership, or joint venture between Dodge Group Communications and The Client.

13.7. Not Employee. Dodge Group Communications is NOT an employee, partner, or joint venturer of Client. Any Website Development work performed by Dodge Group Communications for the Client shall be deemed a "commissioned work" and a "work made for hire" to the greatest extent possible under the law.

13.8. Amendment. Dodge Group Communications may, without advanced notice, amend this Agreement from time to time, and will do so by posting the new Agreement on the Dodge Group Communications Business Website in place of the old. Each and every such amendment shall become effective immediately for all pre-existing and future accounts. It is the Clients responsibility to periodically check the Dodge Group Communications website for updates to this Agreement.

13.9. Dodge Group Communications reserves the right to deny providing access and/or services to any user, group, or entity at it's sole discretion.

13.10. No Personal Relationship. This agreement is NOT dependent on any personal relationship and trust in any member of Dodge Group Communications or the Client.

13.11. Licenses. All licenses including any various GNU licenses or any other, are made a part of this contract. Refer to that particular license included in any software used on the Website.

13.12. Marketing. Marketing of Client's Website shall be the responsibility of the Client and is not part of this agreement.

13.13. Maintenance. With sophisticated software provided by Dodge Group Communications it is possible for the Client to update content on their Website(s). If the Client or an agent other than Dodge Group Communications attempts to update the Client's pages and ruins the design or ability of the Web pages to display or function properly, time to repair the Web pages by Dodge Group Communications will be assessed at an hourly rate.

13.14 Email. Dodge Group Communications shall provide Client with their e-mail account information (server name, user name and password), and will fix any problems that originate on Dodge Group Communications’ end. Any additional support for e-mail issues not originating with Dodge Group Communications will be charged as maintenance. Although Dodge Group Communications will help resolve issues on Client’s computer and/or to contact Client’s ISP, maintenance charges apply for this time. Backup of email Client wishes to save is the responsibility of the Client.  It is the  responsibility of the Client to ensure that Client's email is removed from server  in reasonable time and not allowed to accumulate on server.