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Dialsoft Host - Acceptable Use Policy (AUP)
Use of Dialsoft Host Service constitutes acceptance and agreement to
Dialsoft Host’s AUP as well as Dialsoft Host's TOS (Terms of Service) Dialsoft Host
reserves the right to revise, amend, or modify this AUP, our TOS
(Terms of Service) and our other policies and agreements at any time
and in any manner. Notice of any revision, amendment, or
modification will be posted in accordance with our TOS (Terms of
Service). All users of Dialsoft Host’s Internet services, and their
clients, must comply with this AUP and our TOS (Terms of Service).
We support the uncensored flow of information and ideas over the
Internet and do not actively monitor subscriber activity under
normal circumstances. Similarly, we do not exercise editorial
control over the content of any web site, e-mail transmission,
newsgroups, or other material created or accessible over or through
the services, except for certain proprietary Web sites. However, in
accordance with our TOS (Terms of Service), we may remove any
materials that, in our sole discretion, may be illegal, may subject
us to liability, or which may violate this AUP. Dialsoft Host may
cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension or immediate
termination of either your Dialsoft Host account or other actions as
detailed below without notice, based upon the nature of the
violation.
This document is intended to provide a basic understand of Dialsoft Host's
Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of Dialsoft Host's AUP. If a Dialsoft Host account
violates this Acceptable Use Policy or our TOS, we reserve the right
to terminate your service without notice. We prefer to advise
customers of inappropriate behavior and any necessary corrective
action, however based on the nature of the violation, could result
in immediate termination of service.
The following constitute violations of this AUP:
· Illegal Activities: Dialsoft Host's services may not be used for illegal
purposes, or in support of illegal activities. Dialsoft Host reserves the
right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil
wrongdoing.
· Harm or Endangerment to other people: You may not use Dialsoft Host’s
service to harm, or attempt to harm, minors in any way, including,
but not limited to child pornography, or use Dialsoft Host’s service to
transmit any material (by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction of property.
· Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person by using
forged headers or other identifying infrmation is prohibited. The
use of anonymous remailers or nicknames does not constitute
impersonation.
· Unsolicited E-mail, News Bombing (SPAM) Use of the Dialsoft Host service
to transmit any unsolicited commercial or unsolicited bulk e-mail is
expressly prohibited. Violations of this type will result in the
immediate termination of the offending Dialsoft Host account. 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. Malicious
intent to impede another person's use of electronic mail services or
news will result in the immediate termination of the offending
Dialsoft Host account.
· Copyright or trademark infringement: Use of the Dialsoft Host service to
transmit any material (by e-mail, uploading, posting or otherwise)
that infringes any copyright, trademark, patent, trade secret or
other proprietary rights of any third party, including, but not
limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books,
or other copyrighted sources, and the unauthorized transmittal of
copyrighted software. Use of the Dialsoft Host service to collect, or
attempt to collect, personal information about third parties without
their knowledge or consent. Distribution and/or posting of
copyrighted or the aforementioned infringements will not be
tolerated.
· Network disruptions : Use of the Dialsoft Host service for any activity
which affects the ability of other people or systems to use Dialsoft Host
Services or the Internet. This includes "denial of service" (DOS)
attacks against another network host or individual user.
Interference with or disruption of other network users, services or
equipment is prohibited. Dialsoft Host will not tolerate any subscriber
attempting to access the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion results in
corruption or loss of data. Dialsoft Host, does not allow the hosting of
IRC, IRC Bots, or eggdrops on our network. Servers found hosting
this material will be subject to immediate cancellation without
refund. Use of the Dialsoft Host service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of Dialsoft Host's or another entity's
computer software or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion results in
the corruption or loss of data, is expressly prohibited and the
offending Dialsoft Host account is subject to immediate termination.
· Security: You are responsible for any misuse of your account, even
if the inappropriate activity was committed by a friend, family
member, guest or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your account. In
addition, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network or
server.
· Network Security: Dialsoft Host accounts operate on shared network
resources. Excessive use or abuse of these resources by one customer
may have a negative impact on all other customers. Misuse of network
resources in a manner which impairs network performance is
prohibited by this policy and may result in termination of your
account.
REPORTING VIOLATIONS OF Dialsoft Host AUP
Dialsoft Host requests that anyone who believes that there is a violation
of this AUP direct the information to the Abuse Department at
abuse@dialsofthost.com if
possible, please provide the IP address used to commit the
violation, date and time of the violation, and evidence of the
violation.
Dialsoft Host - Terms of Service(TOS)
Use of Dialsoft Host Service constitutes acceptance and agreement to
Dialsoft Host’s AUP (Acceptable Use Policy) as well as Dialsoft Host’s TOS
(Terms of Service). From herewith in this TOS, AUP, and SLA, the
usage of “us”, “we”, “our”, “ours” shall constitute reference to
Dialsoft Host, the usage of “you”, “your”, “they”, “them” shall refer to
client / customer of Dialsoft Host.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of
electronic ordering (web order form) or submitting a written
contract, and receipt of such order by Dialsoft Host, that you are
agreeing to our TOS, AUP, and SLA. No Modifications of said contract
by customer is allowed.
2. Dialsoft Host will provide, and Customer will purchase and pay for, the
Services, and service fees specified in the Order for the applicable
Service Description. Customer acknowledges that the service, and
service fees have been communicated to the customer, and that they
are aware of all applicable charges as per contract, AUP, SLA, and
TOS. Customer also understands that any promotional offers unless
specified in contractual terms will not be applicable to their
individual service.
3. In connection with any Hosting Services, if Customer’s actual
bandwidth usage in any month exceeds allotted amount, specified in
Customer’s contract, Customer will pay Dialsoft Host any additional fees
as specified in the Service Description.
Payment:
Establishment of this service is contingent upon receipt of payment
from Customer to Dialsoft Host. Subsequent payments are due on the
anniversary date of the month for that month’s service, unless
customer requests all monthly payments to be consolidated to one
specific billing date. Any additional services relative to a primary
hosting account, will be prorated to the primary hosting account’s
monthly recurring billing date, along the following guidelines of
prorating methodology: (total monthly fees/ 30) * number of days to
monthly recurring billing cycle. Any setup fees will be charged full
setup fee pricing, and are applied at time of initial request of
such services.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each
month. Credit cards that are declined for any reason are subject to
a $10.00 declination fee. Service will be interrupted on accounts
that reach 7 days past due. Service interrupted for nonpayment is
subject to a $20.00 reconnect charge. Accounts not paid by due date
are subject to a $7.95 late fee. Accounts that are not collectable
by Dialsoft Host will be turned over to an outside 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
Fifty($50.00) nor more than One Hundred, Fifty($150.00)
Delinquent Accounts:
Dialsoft Host may temporarily deny service or terminate this Agreement
upon failure of Customer to pay charges when due. Such termination
or denial will not relieve Customer of responsibility for the
payment of all accrued service fees, or any collection fees.
Account Cancellation:
All requests for canceling any service / services must be made in
writing with at least 30 days notice but not more than 60 days prior
written notice and e-mailed to
billing@dialsofthost.com. Confirmation Receipt of cancellation will
be sent within 24 hours of our normal cancellation department hours
of 9AM to 5PM EST Monday - Friday
Refunds and Disputes:
All payments to Dialsoft Host are nonrefundable. This includes any setup
fees and monthly fees regardless of usage. All billing disputes must
be reported within 30 days of the time the dispute occurred.
Disputed charges to your credit card issuer, also known as
chargebacks, in Dialsoft Host’s discretion which is valid, under the terms
and conditions of our SLA, AUP, and TOS, will result in service
interruption, and reconnection fees to restore the desired service.
Dialsoft Host - Service Level Agreement(SLA)
Dedicated Servers is defined as servers that are rented to Clients.
This service is to provide the clients with knowledge and overview
of the server. From time to time security updates, patches, kernel
upgrades, and System Administration may be performed free of charge.
In addition to these services System Administrator may make
recommendations to improve the overall performance, security, and
updates to the service. At the sole discretion of the System
Administrator any installation, configuration, or tuning of the
server may be considered billable, and you will be notified and
requested to approve any additional charges. Any Support not
included with your dedicated server, will be subject to a $75 an
hour labor fee, billed in ½ hour increments during office hours
between 8:00am – 10:00pm (EST) After-hours support will incur a
$150.00 an hour labor fee, billed in ½ increments in effect from
10:01pm – 7:59am (EST) Dialsoft Host will not perform maintenance,
security checks, or management without client initiating such
request. Dialsoft Host does not take responsibility for the overall
security of servers.
Network Uptime is the total time in a calendar month that Dialsoft Host
network is available through the Internet, provided that Client has
established connectivity. Dialsoft Host takes responsibility Network
availability within their network, however, we cannot be held liable
for upstream problems, outside of our network. Our guarantee is that
our Network will be available to clients free of Network Outages,
rendering 100% packet loss 99.9% of each calendar month.
Network Outages or Unscheduled downtime is any unplanned or
unscheduled interruption in Service availability during which Client
is unable to access the services as described in the section titled
“Network Uptime” above. A Network Outage is defined as a period in
which 100% packet loss to our network is experienced, which is
determined to have been caused by a problem in Dialsoft Host’s Network as
confirmed by Dialsoft Host. Downtime or outages are measured as the total
length of time of the unplanned interruption in service availability
in a calendar month.
Scheduled Downtime is any Dialsoft Host scheduled interruption of
Services, for the purpose of network upgrades, or replacement of any
equipment in order to provide for you better service. Scheduled
downtime occurs during notified downtime periods, with as much
advance warning as possible via e-mail with a minimum of 24 hours
notice.
SLA Network Violation Credit occurs when our network uptime
guarantee is not met. Dialsoft Host will refund the customer 5% of the
monthly fee for each hour of downtime (up to 100% of your monthly
fee) for network downtime. Network downtime is measured from the
time the network is 100% unreachable, until service is once again
restored. In order to request a performance credit, you must email
us within 10 days of reported violation at:
support@dialsofthost.com. SLA
violations will be reviewed by our personnel Monday – Friday 9AM to
5PM EST. *Network violation SLA credit does not cover server
hardware failure.*
· Performance Credit exclusions: The following are excluded from the
monthly calculation of Service Availability:
· Scheduled downtime
· Problems outside of Dialsoft Host’s network (upstream providers, or
client’s inbound connection) not effecting 100% loss to our network
· Interruptions or failure of individual service caused by client,
their employees, client’s customers, etc. to their service. These
include inaccurate configuration, 3rd party
software, client abuse or over utilization of resources, hacked
servers, attacks, exploits, or server hardware failures.
Server Hardware for Dedicated, or Co-Located Servers
Hardware is defined as the Processor(s), RAM, hard disk(s),
motherboard, NIC card and other related hardware included for
Dedicated Servers, and switches for Co-Located Servers, unless
client provides their own switch.
Hardware replacement will occur within 6 hours of the reported
problem, Dialsoft Host will refund 5% of the monthly fee per additional 6
hours of down time (up to 100% of customer's monthly fee). In order
to reduce replacement hardware downtime, we keep a small quantity of
pre-built systems on hand to swap out Hard disks, so that your
server can be back up in the shortest amount of time. For Hard disk
failures, we keep pre-installed drives with our standard
partitioning for immediate deployment. In order to request an SLA
hardware violation credit, you must email sales, within 10 days of
reported violation, at:
sales@dialsofthost.com. SLA violations will be reviewed by our
personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations
do not cover network violation*
· Performance Credit exclusions: The following are excluded from the
monthly calculation of Service Availability:
· Scheduled downtime
· Interruptions or failure of individual service caused by client,
their employees, client’s customers, etc. to their service. These
include inaccurate configuration, 3rd party software, client abuse
or over utilization of resources, hacked servers, attacks, exploits,
or server hardware failures.
Dialsoft Host is not responsible for the restoration of data to server. We
strongly recommend that your purchase backup options for your
server, and keep copies of your data off-site with you for emergency
purposes. If hardware failure and data loss occurs, you the client
are responsible for data restoration. Dialsoft Host shall not be liable
for loss of data under any circumstance. Although Dialsoft Host will
indeed keep back-up copies but it is not our duty to keep them. If
we are unable to back-up your site we are not held responsible.
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