 |  For Dedicated Server Clients
AllDedicated agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of AllDedicated's Service constitutes acceptance and agreement to AllDedicated's AUP as well as AllDedicated's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of AllDedicated and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of AllDedicated. Subscriber understands that change to the AUP by AllDedicated shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of New Jersey, county of Morris, applicable to contracts enforceable in that state.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that AllDedicated may disclose any and all subscriber information including assigned IP numbers, 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 AllDedicated shall have the right to terminate all service set forth in this Agreement.
2. 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 AllDedicated may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payments and Fees: Establishment of this service is dependent upon receipt by AllDedicated of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by AllDedicated may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay AllDedicated 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 under item 7.
4. Duration of Service: All contracts are for a one year term unless otherwise specified.
5. Refund and Disputes: All payments to AllDedicated are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in AllDedicated's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay AllDedicated an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay: AllDedicated 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.
7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent. You must have all account information to cancel. If you have not met the minimum term requirement as set forth in the order you submit, you will be billed for the entire unused portion of the term.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of AllDedicated and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that AllDedicated shall not be liable for any damages arising from such causes beyond the direct and exclusive control of AllDedicated. Subscriber further acknowledges that AllDedicated'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 AllDedicated be liable for any special or consequential damages, loss or injury.
9. New Domain Accounts: All new webhosting accounts involving new domains will be set up and 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 AllDedicated on behalf of the account holder, a handling fee will be incurred.
10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to AllDedicated 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 AllDedicated 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.
11. Support Boundaries: AllDedicated provides 24 x 7 technical support to our subscribers (except for a few holidays.) You can email support@alldedicated.com for assistance, or open ticket.In matters including but not limited to web server configuration, application support, SQL server configuration, OS updates will be performed free when it will be announced by developers. Configuration types changes, upgrading new modules (if are available for install and doesn't prohibit normal function the rest of modules) are performed by request no often then one time per week, but it's not limited by one module and as well it might be a complex request. We limit our technical support to our area of expertise. AllDedicated does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. AllDedicated does not provide technical support for YOUR customers.
12. SPAM and Unsolicited Commercial Email (UCE): AllDedicated takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of AllDedicated may not use or permit others to use our network to transact in UCE. Customers of AllDedicated may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally monitor email being sent from servers.
13. AllDedicated 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 AllDedicated 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 AllDedicated's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that AllDedicated 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.
We reserve the right to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet - in particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
14. Suspension of Service or Cancellation: AllDedicated reserves the right to suspend network access to any customer if in the judgment of AllDedicated's network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which AllDedicated 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.
15. AllDedicated reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of AllDedicated 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. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
16. Indemnification: AllDedicated wishes to emphasize that in agreeing to AllDedicated's Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies AllDedicated for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to AllDedicated or the bringing of any claim against AllDedicated by any third-party. This means that if AllDedicated is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against AllDedicated, plus all costs and attorney's fees.
18. Responsibility for Content: You, as AllDedicated's customer, are solely responsible for the content stored on and served by your AllDedicated server.
19. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products. AllDedicated may provide you access to other third party software and/or services ("Third Party Products") through reseller relationships AllDedicated has established with certain commercial vendors, including without limitation. Unless otherwise notified, Customer understands that product support for Third Party Products is provided by AllDedicated and not by the Third Party Vendor. Neither AllDedicated nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from AllDedicated or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither AllDedicated nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and AllDedicated with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
20. As our Customers are ultimately responsible for the actions of their clients over Net Access Network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason. |
|  | Violations of system or network security may result in civil or criminal liability. AllDedicated 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:
1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled. |  |  Violation of AllDedicated's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, AllDedicated will initiate an immediate investigation (within 48 hours of notification). During the investigation, AllDedicated may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, AllDedicated may, at its sole discretion, restrict, suspend or terminate customer's account. Further, AllDedicated reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. AllDedicated 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 AllDedicated personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account!
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. |
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