SiteDoctors.net
Terms
of Service & Acceptable Use Policy
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SiteDoctors.net provides Internet Access, World Wide Web page hosting, Private
Domain Name acquisitions, Website Marketing, and
Development. SiteDoctors.net has certain legal and ethical responsibilities
consisting with the use of its personnel, networks, servers and any other 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 NOTICE - SiteDoctors.net has the right to discontinue service, or deny
access to anyone who violates our Policies or terms and conditions WITHOUT
WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account
termination is due to violation of the terms outlined.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses
also include, but are NOT limited to: Bulk emailing, unsolicited emailing (spam),
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.
Shared hosting accounts may be terminated that include the following content or
which have links to the following content:
Providing material that is grossly offensive to the Web community including
blatant expressions of bigotry, racism, hatred, or profanity
Promoting or providing instructional information about illegal activities, or
promoting physical harm or injury against any group or individual
Displaying material containing obscene nudity or pornographic material (not
applicable to managed dedicated servers)
Displaying material that exploits children under 18 years of age
Acts 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
Abuse of Limited Traffic
SiteDoctors.net's customers are privileged to be offered high volume 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.
To maintain the integrity of our shared hosting service the following
limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on
other domains. Sites with picture galleries (This is any site where 50% of the
files transferred is graphics) Sites offering download files or archives. (This
is any site where 50% or more of there monthly traffic is from file downloads).
Sites using more than 30% of system resources for longer than 60 seconds. Sites
running multimedia files (QuickTime, Real Audio, Real Video, MP3).
For those that do not qualify for the unlimited service, traffic will go
unmonitored until you reach your monthly allotment. Thereafter, normal data transfer
cost will be billed to your account. If you want to pre-pay
for bandwidth overages, you will be billed monthly at a monthly discount below
the overage fee. Check your specific account billing rates or contact support.
You will receive a notice detailing your bandwidth overage usage. You may also
check your bandwidth and disk space usage via your control panel.
If you do not pay for your
overages your site will be disabled. 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.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) is not allowed in e-mail, and will
likely result in account cancellation with no refund.
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:
Unsolicited 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.
Forging, altering or removing electronic mail headers is prohibited. Any domain
sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the
intent to disrupt a server or account ("mail bombing").
Spamming 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.
Mail 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.
Note: If you use the services of another 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 networks.
(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
admin@sitedoctors.net. For security, the body of this message must contain
your account number, 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 acceptable use policy" causing a machine to fail as a result.
CGI And Other Scripts
Each shared web hosting account comes with its own cgi-bin. You are free to use
any scripts you wish, however we reserve the right to disable any script
that effects normal shared server operation without prior warning. (this section
does not apply to managed dedicated servers)
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 7500 pieces of e-mail per day from a
shared hosting account. If you do send more than 7500 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 7500 per day your account may be
moved to a special server that is specifically designed to handle high volumes
of e-mail. You will be charged $25.00/month in addition to your regular hosting
charges if your account is sending more than 7500 per day. Please contact
admin@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 or IRC bots to be operated on our servers. You can
however, install IRC clients on managed dedicated servers. IRC servers are not
permitted on our network.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees may be charged for all
new accounts and major account changes and are non-refundable. All pricing is
guaranteed for the term of pre-payment. SiteDoctors.net reserves the right to
change prices at any time generally with at least a 30 to 60 day notice, unless
other terms have been agreed upon. Any account not brought current within (5
days for end-users and 10 days for resellers) of date payment is
due will incur a $10 late fee for end-users or a $25 late fee for resellers. Any
account not brought current within (20 days) of due date or exceeding this
time frame in any way is subject to suspension. Note that it is your
responsibility to make payments on time whether you receive a courtesy notice,
billing statement or not. Billing statements are always available via the
billing section of your HSphere control panel. 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 at
admin@sitedoctors.net to request for termination of services. All payment is
in U.S. currency. SiteDoctors.net will bill each client $25 per returned check,
per wire transfer received and per credit card chargeback received. All
SiteDoctors.net accounts are setup on anniversary billing cycles. Your
particular billing cycle corresponds to the contract length that was initially
chosen at setup. Your account will automatically re-new at this length. There is
no fee to change to a shorter billing cycle. Please contact the billing
department at admin@sitedoctors.net
should you wish to change your anniversary billing cycle.
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 Internet access and 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 or the account is deemed unusable due to no
action of the customer. For all clients who cancel,
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. This policy does not apply to any
additional services such as overages, referrer logs, real audio/video,
additional disk space, additional pop accounts, domain registration fees etc.
Due to security concerns, all requests for account cancellations must be sent to
admin@sitedoctors.net. Phone or email
requests will not constitute acceptance of any cancellation. Refunds will be
made by company check or issued back to your credit card within 30 days of
receipt of cancellation.
Dialup account cancellations must be made no later than the 9pm Pacific Daylight
Time on the last day of the month in order to avoid being billed for the
following month. Example: If you cancel on any day in June, your billing will
have already occurred for June and therefore you'll owe for the entire month as
that is what we are obligated to pay the network provider for. To avoid being
billed for June, you must cancel no later than 9pm PDT on May 31st.
Domain name purchases are final and will not be refunded unless due to an error
on our part or that of the registrar. Therefore, it is the end-user's
responsibility to make sure that the spelling is absolutely correct when
submitting a request via a form or email. We will not be held responsible
for typos made by an end-user. If a mistake is made, please contact us
immediately so that we may try to correct the error or halt the process. We may
be able to do this during the 1st 24 hours but their are no guarantees.
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 networks 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 thereof.
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. Customers accepting sensitive
information such as credit card processing via their website are advised but not
required to secure said website with SSL security. Contact support for more
information and/or advice on website security.
Static / Dynamic Content Caching
You expressly (i) grant to SiteDoctors.net a license to cache the entirety of
your Web Site/s, 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 if payment in full is not made by the customer. 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 this contract was
entered into in Solano County, Los Angeles County, and any dispute will be
litigated or arbitrated in Solano County, California. Defendants further waive all objections to
venue and acknowledge that venue 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 WITHOUT REFUND.
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.
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