Last update:

08/25/2008

 

Reseller Agreement

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Service Level Agreement
SiteDoctors.net provides Personal Domain Name registrations, Internet Access thru 56k Dialup and Internet World Wide Web page hosting, Marketing, and Development. SiteDoctors.net has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

SiteDoctors.net general policy is to act as a provider of Internet presence. SiteDoctors.net reserves the right to suspend or cancel a customer's access to any or all services provided by SiteDoctors.net when we decide that the account has been inappropriately used.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of SiteDoctors.net is strictly prohibited.

Unauthorized use of other people's accounts or computers SiteDoctors.net will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a SiteDoctors.net customer, whether or not the attacked account or computer belongs to SiteDoctors.net, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - SiteDoctors.net has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by SiteDoctors.net to be unacceptable use of SiteDoctors.net's services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

 
bulletProviding material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
bulletPromoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
bulletDisplaying material that exploits children under 18 years of age.
bulletActs of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.


 Limited Traffic Abuse

SiteDoctors.net's customers are privileged to be offered high limited traffic for their web sites. The intention of SiteDoctors.net is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on SiteDoctors.net's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of SiteDoctors.net management. Any customer who violates SiteDoctors.net's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $20.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $10.00/1GB/month.

You will receive a notice on Tuesday morning detailing your bandwidth usage.

You will have 7 days to pay for your overages. If you do not pay for your overages your site may be disabled within 7 days of your first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or SiteDoctors.net has the sole decision to deactivate any and all servers.

SiteDoctors.net will be the sole arbiter as to what constitutes a violation of this provision.

Dialup Accounts (Unlimited Access)

Although SiteDoctors.net offers unlimited access on all of our dialup accounts. Unlimited access means you are free to use your Internet service for as many hours per month as you wish without additional fees. However, it does not mean "dedicated access" where you leave your session connected 24 hours a day, 7 days a week. Unlimited access implies attended access by an individual user that requires your personal presence and activity at your computer. Otherwise, computers that are not in use may find their connection dropped. This would simply require you to redial in.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

SiteDoctors.net takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:
 

bulletUnsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
bulletForging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
bulletSending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
bulletSpamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
bulletMail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
bulletProviding spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.
 


Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through SiteDoctors.net (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

99.9% Uptime Guarantee

(1.) Coverage
This 99.9% uptime guarantee applies to any SiteDoctors.net client in good financial standing with SiteDoctors.net at the time of a service outage.

(2.) Service Level Agreement & Specifications
SiteDoctors.net endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from SiteDoctors.net to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via SiteDoctors.net's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the SiteDoctors.net NOC. SiteDoctors.net's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the SiteDoctors.net network.

(3.) Credits
a. Shared Hosting - In the event that your web site is not available for more than 99.9%, SiteDoctors.net will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

 

Monthly Uptime Credit
95% to 99.8% 10%
90% to 94.9% 20%
89.9% or below 50%


b. Managed Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.

 

Minutes of continuous downtime Credit
60 10%
5+ 60 minute intervals 25%


In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to SiteDoctors.net. For security, the body of this message must contain your account info, the dates and times of the unavailability of your website, and such other customer identification requested by SiteDoctors.net. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at SiteDoctors.net, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond SiteDoctors.net's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in SiteDoctors.net's "terms of conditions and Service Level Agreements (SLAa)" causing a machine to fail as a result.

CGI Scripts

(This section does not apply to managed dedicated or colocation servers.) Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2000 web hosting accounts are subject to approval by our NT Administrators.

*See the Server Resource Abuse section.

Server Resource Abuse

(This section does not apply to managed dedicated or colocation servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the SiteDoctors.net Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact SiteDoctors.net to have your domain moved.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)

IRC

We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

Disk Overages

All SiteDoctors.net accounts come with metered disk space. Should you use more than your alloted disk space you will be charged $.25 per megabyte per month.

Payment Policies

Note that resellers are responsible for the collection and billing of all of their resold accounts. SiteDoctors.net will bill it's resellers based on services rendered whether the reseller's customer/s has paid their account or not. If a reseller has a customer who is delinquent the reseller should immediately notify SiteDoctors.net in order to resolve the issue. All accounts are set up on a pre-pay basis. Setup fees may be charged for new accounts and major account changes. A $5 non refundable setup fee will be applied to all new dialup accounts. This fee will be waived for the existing customers of a reseller whose account were transferred to SiteDoctors.net. All pricing are guaranteed for the term of pre-payment. SiteDoctors.net reserves the right to change prices at any time, unless other terms have been agreed upon. There is a 10 day grace period for payments on all accounts. Any reseller account that is still delinquent on the 11th of the month (12:01 AM PST) will be accessed a $25 late fee. Any account not brought current within 30 days of due date or exceeding this time frame in any way is subject to suspension. Accounts that are 60 days delinquent will be deleted from the server/s. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies SiteDoctors.net to request for termination of services. All payment is in U.S. currency. SiteDoctors.net will bill each client $25.00 per returned check, per wire transfer received and per credit card chargeback received. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as the applicable $25.00 late charge. In addition, if your credit card declines for any reason SiteDoctors.net will charge your account an additional $1.00 service charge every time your card is declined.

Cancellation

SiteDoctors.net reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by SiteDoctors.net if SiteDoctors.net institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of SiteDoctors.net's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if SiteDoctors.net is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one half of the contract amount less any setup fees and overages will be given if SiteDoctors.net is notified prior to the first day of the third month of the contract term. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. No refunds for any reason will be given once the third month of the contract term has begun. This policy does not apply to any additional services such as personal domain name sales or extensions, overages, referrer logs, real audio/video, additional disk space, additional pop accounts, setup or startup fees etc.  Refunds will be made through PayPal.com or issued back to your credit card within 30 days of receipt of cancellation.

Intellectual Property Rights

Material accessible to you through SiteDoctors.net's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use SiteDoctors.net or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the SiteDoctors.net network. If you use a domain name in connection with SiteDoctors.net or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the SiteDoctors.net network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. SiteDoctors.net will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to SiteDoctors.net a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by SiteDoctors.net under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

SiteDoctors.net shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by SiteDoctors.net and SiteDoctors.net reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

Customer agrees to pay SiteDoctors.net prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the SiteDoctors.net price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. SiteDoctors.net reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from SiteDoctors.net to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by SiteDoctors.net) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to SiteDoctors.net as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. SiteDoctors.net will reinstate Customer's domain name registration solely at SiteDoctors.net's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

SiteDoctors.net reserves the right to refuse service to anyone. Customers may only use SiteDoctors.net server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of SiteDoctors.net management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiciton this contract was entered into and performed in Solano County, California, and any dispute will be litigated or arbitrated in Solano County, California. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Solano County Courts. IN NO EVENT SHALL SiteDoctors.net'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD SiteDoctors.net HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST SiteDoctors.net, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SiteDoctors.net AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SiteDoctors.net'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM SiteDoctors.net'S SERVER.

Disclaimer

SiteDoctors.net WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. SiteDoctors.net MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. SiteDoctors.net DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY SiteDoctors.net AND ITS EMPLOYEES. SiteDoctors.net RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
 

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF SiteDoctors.net MUST ADHERE TO THE ABOVE POLICIES.
 

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
 

Privacy Statement

SiteDoctors.net follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click here to read the privacy statement.

 

Contact Us:

 

 

 

For sales and general info:

Email Address: Info@SiteDoctors.net

Phone: 707-656-4676 or 800-581-1169

Have Support
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http://www.OnlineHelper.info or e-mail us at Support@SiteDoctors.net


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