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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.

 

Dial up 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.

Contacting Us

For sales and general info:

Email Address: Info (at) SiteDoctors.net

Phone: 1-844-SiteDoctors

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