HostDango.com Hosting Services (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of HostDango.com Hosting Services Service constitutes acceptance and agreement to HostDango.com Hosting Services’ AUP as well as HostDango.com Hosting Services’ TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of HostDango.com Hosting Services and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Alaska 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 the Company 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 HostDango.com Hosting Services 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 the Company may prospectively change the specified rates and charges from time to time.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service.
4. Payments and Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination fee, credit cards will be processed on a daily basis. Accounts that become past due will be suspended immediately upon going past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by HostDango.com Hosting Services may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes:
All payments to HostDango.com Hosting Services 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 HostDango.com Hosting Services’ sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay HostDango.com Hosting Services an “Administrative Fee” of not less than $50 and not more than $150.
6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation:
HostDango.com Hosting Services’ required method of cancellation is via the Support Desk. Customer must log into the Client Center to submit a formal cancellation request in order for an account to be cancelled. You must be logged into the Client Center in order to cancel your services.
8. Interruption of Service
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. Support Boundaries:
HostDango.com Hosting Services, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: HostDango.com Hosting Services provides support related to your service or virtual site physical functioning. HostDango.com Hosting Services does not offer tech support for application specific issues such as cgi programming, html or any other such issue unless it is in corolation to a product purchased from HostDango.com Hosting Services Development Division and such support may involve fees. If you have access to email we encourage you to email email@example.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at https://my.hostdango.com/ – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
10. SPAM and Unsolicited Commercial Email (UCE):
HostDango.com Hosting Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of HostDango.com Hosting Services may not use or permit others to use our network to transact in UCE. Customers of HostDango.com Hosting Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
A. Violation of HostDango.com Hosting Services’ SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, HostDango.com Hosting Services will initiate an immediate investigation (within 48 hours of notification). During the investigation, HostDango.com Hosting Services may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HostDango.com Hosting Services may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, HostDango.com Hosting Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HostDango.com Hosting Services will notify law enforcement officials if the violation is believed to be a criminal offense.
B. 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 HostDango.com Hosting Services personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
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.
IP Address Ownership: If HostDango.com Hosting Services assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to HostDango.com Hosting Services, and Customer shall have no right to use that Internet Protocol address except as permitted by HostDango.com Hosting Services in its sole discretion in connection with the Services, during the term of this Agreement. HostDango.com Hosting Services shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by HostDango.com Hosting Services, and HostDango.com Hosting Services reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). In the event of over-usage of bandwidth, customers will be assessed a fee of $0.50 / 1GB. HostDango.com Hosting Services will monitor Customer’s bandwidth and disk usage. HostDango.com Hosting Services shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in HostDango.com Hosting Services’ sole and absolute discretion. If HostDango.com Hosting Services takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, HostDango.com Hosting Services may, at its sole discretion, collect a deposit, in an amount determined by HostDango.com Hosting Services, against customer’s credit card on file with HostDango.com Hosting Services.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the HostDango.com Hosting Services Network. Violations of system or network security may result in civil or criminal liability. HostDango.com Hosting Services will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
12. Notification of Violation:
A. HostDango.com Hosting Services 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.
B. First violation: Any User, which HostDango.com Hosting Services 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 HostDango.com Hosting Services’ discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
C. Second Violation: Users that HostDango.com Hosting Services 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.
D. 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 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.
13. Suspension of Service or Cancellation:
HostDango.com Hosting Services reserves the right to suspend network access to any customer if in the judgment of the HostDango.com Hosting Services network administrators the customer’s service is the source or target of the violation of any of the other terms of the AUP or for any other reason which HostDango.com Hosting Services 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 services were suspended.
14. Policy Amendments
HostDango.com Hosting Services reserves the right to amend its policies at any time. All Customers must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation.
HostDango.com Hosting Services wishes to emphasize that in agreeing to the HostDango.com Hosting Services Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies HostDango.com Hosting Services for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to HostDango.com Hosting Services or the bringing of any claim against HostDango.com Hosting Services by any third-party. This means that if HostDango.com Hosting Services is sued because of a customer’s activity, the customer will pay any damages awarded against HostDango.com Hosting Services, plus all costs and attorney’s fees.
16. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
B. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
C. HostDango.com Hosting Services takes no responsibility for any material input by others and not posted to the HostDango.com Hosting Services Network by HostDango.com Hosting Services HostDango.com Hosting Services is not responsible for the content of any other websites linked to the HostDango.com Hosting Services Network; links are provided as Internet navigation tools only. HostDango.com Hosting Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
D. HostDango.com Hosting Services is not responsible for any damages your business may suffer. HostDango.com Hosting Services does not make implied or written warranties for any of our services. HostDango.com Hosting Services denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostDango.com Hosting Services.
E. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
17. Responsibility for Content:
You, as HostDango.com Hosting Services’ customer, are solely responsible for the content stored on and served by your HostDango.com Hosting Services servers. Any applications installed or uploaded by you are your responsibility. We can not and will not support applications installed. Support for applications or software uploaded or installed must go through the application or software vendor.
18. Abuse Towards Our Staff or Network Staff:
Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be, delete it and offer no refund. Per our AUP and TOS, We offer No Refunds.
19. Copyright Notice
This web site and all content contained herein, including all text and images of any kind, is the property of Hostdango.com Hosting Services All content is protected from unauthorized copying and dissemination by U.S. and International copyright law, trademark law and/or other intellectual property laws. No license to copy, reuse or reproduce the content is intended – expressly or by implication – without the prior written permission of Hostdango.com Hosting Services.
20. SSL Certificate Orders
As SSL certificates require a dedicated IP address, a $2.00 per month fee will be added to each account when an SSL certificate order is placed and executed.