Terms of Service
IMPORTANT NOTICE: *All Payments To MyDediServer Are Non-Refundable*
MyDediServer agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of MyDediServer. This Agreement shall be construed in all respects in accordance with the laws of the state of South Australia.
1. Disclosure to Law Enforcement:
MyDediServer 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 MyDediServer 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 MyDediServer may prospectively change the specified rates and charges from time to time.
3. Payment:
Establishment of this service is dependent upon receipt by MyDediServer 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. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. 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 MyDediServer are nonrefundable. 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 MyDediServer sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay MyDediServer 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:
All requests for canceling accounts must be made in writing or via email with at least 30 days notice but not more than 60 days prior written notice and sent to MyDediServer.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of MyDediServer and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that MyDediServer shall not be liable for any damages arising from such causes beyond the direct and exclusive control of MyDediServer. Subscriber further acknowledges that MyDediServer'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 MyDediServer be liable for any special or consequential damages, loss or injury.
9. Support Boundaries:
MyDediServer, provides technical support to our subscribers (except for few holidays). We limit our technical support to our area of expertise. The following is our guidelines when providing support: MyDediServer provides support related to your server or virtual site physical functioning. MyDediServer does not offer tech support for application specific issues such as cgi programming, html or any other such issue. MyDediServer does not provide technical support for YOUR customers (resellers, Web hosting customers). We encourage you to contact us for assistance.
10. SPAM and Unsolicited Commercial Email (UCE):
MyDediServer 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 MyDediServer may not use or permit others to use our network to transact in UCE. Customers of MyDediServer 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 MyDediServer's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, MyDediServer will initiate an immediate investigation (within 48 hours of notification). During the investigation, MyDediServer may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, MyDediServer may, at its sole discretion, restrict, suspend or terminate customer's account. Further, MyDediServer reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. MyDediServer 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 MyDediServer personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the MyDediServer network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
13. Network:
a. IP Address Ownership: If MyDediServer assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to MyDediServer, and Customer shall have no right to use that Internet Protocol address except as permitted by MyDediServer in its sole discretion in connection with the Services, during the term of this Agreement. MyDediServer shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by MyDediServer, and MyDediServer 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.
b. System and Network Security: Users are prohibited from violating or attempting to violate the security of the MyDediServer Network. Violations of system or network security may result in civil or criminal liability. MyDediServer 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
14. Notification of Violation:
a. MyDediServer is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
b. First violation: Any User, which MyDediServer determines to have violated any element of this Terms of Service Agreement, shall receive an email, warning them of the violation. The service may be subject at MyDediServer's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that MyDediServer 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 a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation:
MyDediServer reserves the right to suspend network access to any customer if in the judgment of the MyDediServer network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS or for any other reason which MyDediServer chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
16. MyDediServer reserves the right to amend its policies at any time. All Sub- Networks, resellers and managed servers of MyDediServer must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
17. Indemnification:
MyDediServer wishes to emphasize that in agreeing to the MyDediServer Terms of Service (TOS), customer indemnifies MyDediServer for any violation of the Terms of Service (TOS) that results in loss to MyDediServer or the bringing of any claim against MyDediServer by any third-party. This means that if MyDediServer is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against MyDediServer, plus all costs and attorney's fees.
18. 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 MyDediServer 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 MyDediServer. MyDediServer may assign Agreement at anytime without consent from or notice to Subscriber. MyDediServer reserves right to cancel customers rights under this contract at anytime without further obligation.
c. MyDediServer takes no responsibility for any material input by others and not posted to the MyDediServer Network by MyDediServer. MyDediServer is not responsible for the content of any other websites linked to the MyDediServer Network; links are provided as Internet navigation tools only. MyDediServer 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. MyDediServer is not responsible for any damages your business may suffer. MyDediServer does not make implied or written warranties for any of our services. MyDediServer 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 MyDediServer.
e. Any changes to the provisions of this TOS will be clearly stated to the client. If the client chooses not to elect the changes in the TOS they may cancel their services based upon those changes.
Responsibility for Content: You, as MyDediServer's customer, are solely responsible for the content stored on and served by your MyDediServer's server.
