IMPORTANT NOTICE: *All Payments To Dedicated-Host.net Are Non-Refundable*
Dedicated-Host.net ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Dedicated-Host.net Service constitutes acceptance and agreement to Dedicated-Host.net's AUP as well as Dedicated-Host.net's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Dedicated-Host.net and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
- Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Dedicated-Host.net shall have the right to terminate all service set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.
- Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
- Payments and Fees: Service will be interrupted on accounts that reach 21 days past due. Service interrupted for nonpayment is subject to a reconnect charge equal to one month's fee. Accounts that are not collectable by Dedicated-Host.net may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
- Refund and Disputes: All payments to Dedicated-Host.net are nonrefundable. This includes the monthly fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
- Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation: All requests for canceling accounts must be made via email from the Subscriber's main email account with at least 30 days notice but not more than 60 days prior notice and sent to firstname.lastname@example.org. You must have all account information to cancel.
- Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
- New Domain Accounts: All new webhosting accounts involving new domains will be set up and optionally entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Dedicated-Host.net on behalf of the account holder a handling fee will be incurred.
- Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Dedicated-Host.net will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Dedicated-Host.net on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
- Support Boundaries: Dedicated-Host.net, provides email-based technical support to our subscribers. Please email email@example.com or submit a trouble ticket from the members' section for assistance. In some cases, response to a support issue may take up to 24 hours. We limit our technical support to our area of expertise. Dedicated-Host.net provides support related to your site functioning. Dedicated-Host.net does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue.
- SPAM and Unsolicited Commercial Email (UCE): Dedicated-Host.net takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Dedicated-Host.net may not use or permit others to use our network to transact in UCE. Customers of Dedicated-Host.net may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
- Violation of Dedicated-Host.net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Dedicated-Host.net will initiate an immediate investigation (within 48 hours of notification). During the investigation, Dedicated-Host.net may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Dedicated-Host.net may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Dedicated-Host.net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Dedicated-Host.net will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Dedicated-Host.net personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Dedicated-Host.net will monitor Customer's bandwidth and disk usage. Dedicated-Host.net shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges at the currently stated "overusage" rate.
- System and Network Security: Users are prohibited from violating or attempting to violate the security of the Dedicated-Host.net Network. Violations of system or network security may result in civil or criminal liability. Dedicated-Host.net will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
- Notification of Violation:
- Dedicated-Host.net is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which Dedicated-Host.net determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Dedicated-Host.net's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that Dedicated-Host.net determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
- Suspension of Service or Cancellation: Dedicated-Host.net reserves the right to suspend network access to any customer if in the judgment of the Dedicated-Host.net network administrators the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Dedicated-Host.net chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
- Dedicated-Host.net reserves the right to amend its policies at any time. All customers and users of Dedicated-Host.net services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
- Indemnification: Dedicated-Host.net wishes to emphasize that in agreeing to the Dedicated-Host.net Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Dedicated-Host.net for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Dedicated-Host.net or the bringing of any claim against Dedicated-Host.net by any third-party. This means that if Dedicated-Host.net is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Dedicated-Host.net, plus all costs and attorney's fees.
- Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
- Dedicated-Host.net takes no responsibility for any material input by others and not posted to the Dedicated-Host.net Network by Dedicated-Host.net. Dedicated-Host.net is not responsible for the content of any other websites linked to the Dedicated-Host.net Network; links are provided as Internet navigation tools only. Dedicated-Host.net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- Dedicated-Host.net is not responsible for any damages your business may suffer. Dedicated-Host.net does not make implied or written warranties for any of our services. Dedicated-Host.net denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dedicated-Host.net.
- Responsability for Content: You, as Dedicated-Host.net's customer, are solely responsible for the content stored on and served by your Dedicated-Host.net server.
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