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IMPORTANT NOTICE: *All Payments To
Hosting And Designs L.L.C Are
Non-Refundable*
Use of Hosting And Designs L.L.C.
Service constitutes acceptance and agreement to Hosting And Designs
L.L.C. AUP
(Acceptable Use Policy) as well as Hosting And Designs L.L.C. TOS (Terms of
Service). From herewith in this TOS, AUP, and SLA, the usage of
“us”, “we”, “our”, “ours” shall constitute reference to Hosting And
Designs L.L.C. or HostingAndDesigns.com, the usage of “you”, “your”, “they”,
“them” or "client" shall refer to client / customer of Hosting
And Designs L.L.C. or HostingAndDesigns.com.
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 Hosting And Designs L.L.C., that you are agreeing to our
TOS, AUP, and SLA. No Modifications of said contract by customer is
allowed.
2. Hosting And Designs L.L.C. 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 Hosting
And Designs L.L.C. any additional
fees as specified in the Service Description.
Payment:
Establishment of this service is contingent upon receipt of payment from
Customer to Hosting
And Designs L.L.C. 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 may be subject to a
$10.00 declination fee. Service will be interrupted on accounts that
reach 7 days past due. Service interrupted for nonpayment may be subject to
a $25.00 reconnect charge. Accounts not paid by due date are subject to
a $7.95 late fee. Accounts that are not collectable by Hosting
And Designs L.L.C.
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:
Hosting And
Designs L.L.C. 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.
Account Cancellation:
All requests for canceling any service or services must be made with at least
14 days notice but not more than 30 days prior notice and
emailed to sales@hostinganddesigns.com.
A confirmation email of
cancellation will be sent within 48 hours of our normal cancellation
department hours Monday - Friday
Refunds and Disputes:
All payments to Hosting
And Designs L.L.C. are nonrefundable. This includes any setup
fees and monthly fees regardless of usage. All billing disputes must be
reported within 14 days of the time the dispute occurred. Disputed
charges to your credit card issuer, also known as "chargebacks", in
Hosting And
Designs L.L.C. 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.
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. Hosting And Designs L.L.C. 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 Hosting And Designs
L.L.C.
account or other actions as detailed below without notice, based upon
the nature of the violation.
This document is intended to provide a basic understanding of Hosting
And Designs L.L.C.
Acceptable Use Policy. The following are guidelines for the
establishment and enforcement of Hosting And Designs L.L.C. AUP. If a
Hosting And Designs L.L.C.
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
the AUP:
· Illegal Activities: Hosting And Designs L.L.C. services may not be used for
illegal purposes, or in support of illegal activities. Hosting And
Designs L.L.C.
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 Hosting And
Designs L.L.C.
service to harm, or attempt to harm, minors in any way, including, but
not limited to child pornography, or use Hosting And Designs L.L.C.
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 information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.
· Unsolicited E-mail, News Bombing (SPAM) (and open relays)
STRONGLY ENFORCED; Specifically, you must maintain a
true opt-in mailing list and maintain records of the opt-in confirmation
email each intended recipient submitted when originally signing up for
the mailing list. The mailing list may not be purchased from an outside
source; rather, the recipients must have signed up to this list
directly. If these guidelines are followed there should be no problem
from our network with regard to abuse and it is highly unlikely any
other network would have a problem as our guidelines for such mailing
list policies are stricter than most.
Below is our extended mailing AUP:
Commercial Advertisements with E-mail
HostingAndDesigns.com takes a zero tolerance approach to the sending of
Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very
simply, this means that customers of HostingAndDesigns.com may not use
or permit others to use our network to transact in UCE. Customers of
HostingAndDesigns.com 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.
Sending a message, especially an advertisement, to more than five
recipients, is by itself spamming unless the individuals have
specifically requested to be added to a mailing list on that topic. This
includes commercial advertisements and informational messages sent to
recipients via electronic mail (email) as well as off-topic messages
posted in Usenet discussion groups where the recipient has not requested
or invited the message. Mailing lists must be true opt-in mailing lists.
Before sending any email to a listed user, a confirmation email, with a
tracking number, must be sent to the new subscriber, to which they must
respond with a confirmation that they wish to be added to the list. You
must keep these confirmations on file, so that in the case that a spam
complaint is made against you, you have proof that the user did indeed
opt-in. In addition, you must provide at least one easy way to opt out;
see the MAPS guidelines (http://mail-abuse.org/rbl/manage.html) for
details. Opt-out requests must be honored immediately.
E-mail is a person-to-person medium, not a broadcast medium.
Customers of HostingAndDesigns.com are strictly prohibited from using or
permitting others to use UCE or SPAM over our network. As our customers,
if they are resellers, are ultimately responsible for the actions of
their clients over the HostingAndDesigns.com network, it is advisable
that customers develop a similar, or stricter, policy for their clients.
Violation of HostingAndDesigns.com SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM policy,
HostingAndDesigns.com will initiate an immediate investigation (within
48 hours of notification). During the investigation,
HostingAndDesigns.com may restrict customer access to the network to
prevent further violations. If a customer is found to be in violation of
our SPAM policy, HostingAndDesigns.com may, at its sole discretion,
restrict, suspend or terminate the customer's account. Further,
HostingAndDesigns.com reserves the right to pursue civil remedies for
any costs associated with the investigation of a substantiated policy
violation. HostingAndDesigns.com will notify law enforcement officials
if the violation is believed to be a criminal offense.
· Copyright or trademark infringement: Use of the Hosting And Designs
L.L.C.
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 Hosting And Designs L.L.C. 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 Hosting And Designs L.L.C. service for any
activity which affects the ability of other people or systems to use
Hosting And Designs L.L.C.
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. Hosting And Designs L.L.C. 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. Hosting And Designs L.L.C., 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 Hosting And Designs L.L.C. service to access, or to attempt to
access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of Hosting And Designs L.L.C. 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
Hosting And Designs L.L.C.
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: Hosting And Designs L.L.C. 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.
. Use of any IRC (or certain shell hosting) is not allowed on
any Hosting And Designs L.L.C. Tier 1 managed servers.
. We
do not allow Bit Torrent linking (unless 100% legal)
. Pharmaceutical sites
or any site engaged in the selling and distribution of any drugs is not
permitted on our network. The only means of hosting a pharmaceutical
site on our network is if client can provide proof of a legitimate
practice or business deemed adequate by Hosting And
Designs L.L.C.
. Legal adult content is permitted on
our servers. Any illegal content will result in server disconnection and
possible account cancellation. Adult content is NOT permitted on
our Low-end
Budget Servers line.
REPORTING VIOLATIONS OF Hosting And Designs
L.L.C.
AUP
Hosting And Designs L.L.C. requests that anyone who believes that there is a
violation of this AUP direct the information to the Abuse Department at contact@HostingAndDesigns.com
if possible, please provide the IP address used to commit the violation,
date and time of the violation, and evidence of the violation.
Use of
Hosting And Designs L.L.C.
Service constitutes acceptance and agreement to Hosting And Designs
L.L.C.
AUP as well as Hosting And Designs L.L.C. TOS (Terms of Service) Hosting And Designs
L.L.C.
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 Hosting
And Designs L.L.C.
Internet services, and their clients, must comply with this AUP and our
TOS (Terms of Service).
Dedicated Servers is
defined as servers that are rented to Clients. This service is to
provide the clients with knowledge and an overview of the server. Hosting
And Designs L.L.C. will perform maintenance,
security checks, software/hardware troubleshooting, data backups
or management for all managed
servers per client request. In addition to
these services, a system administrator may make recommendations to improve
the overall performance, security, and updates to the server. At
the sole discretion of the system administrator, any
servers that exceed Level 1 & 2 technical support may be considered billable for any installation,
configuration, or tuning of the server, and
you will be notified and requested to approve any additional charges,
prior to any management taking place. Any support not included with your server, will be subject to a
$19 an hour labor fee, billed in 1 hour increments.
Network Uptime is the total time in a calendar month that the
Hosting And Designs L.L.C.
network is available through the Internet, provided that Client has
established connectivity.
Hosting And Designs L.L.C. takes responsibility for network availability within their network, however, we cannot be held
liable for upstream problems, outside of our network and force majeure. Our guarantee is
that our network will be available to clients free of network outages,
that render 100% packet loss, 99.5% of each calendar month. Partial downtime credits will be made
available to each client, upon request, on a case by case basis.
"Partial refunds for partial downtime" is our standard policy
for "dedicated server clients.
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 HostingAndDesigns’
Network as confirmed by
Hosting And Designs L.L.C. 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
Hosting And Designs L.L.C. 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. Hosting
And Designs L.L.C. 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. For
our "value line" clients, partial downtime credits will be
made available to each client, upon request, on a case by case basis.
"Partial refunds for partial downtime" is our standard policy
for "value line" clients. In
order to request a performance credit, you must email our sales
department at sales@HostingAndDesigns.com within 10 days of
the reported violation. 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:
1) Scheduled
downtime 2) Problems outside of Hosting And Designs L.L.C. network
(upstream providers, or client’s inbound connection) not effecting
100% loss to our network 3) DNS issues not within the direct control of Hosting And Designs
L.L.C. 4) 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 Hardware
is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card
and other related hardware included for Dedicated Servers, unless client provides their own switch.
Hardware replacement will occur within 6 hours of the reported
problem.
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.
· 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.
Replacement is defined as returning the server to original configuration
when it was purchased. If hardware failure causes corrupted Operating
System, Data Files, or Configuration of server, Hosting And
Designs L.L.C.
will
restore the system to original state.
Hosting And
Designs L.L.C.
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. Hosting And
Designs L.L.C.
shall not be liable
for loss of data under any circumstance.
As of March 2003, the
following countries are subject to U.S. embargo or restrictive trade
sanctions:
-
Cuba
-
Iran
-
Iraq (please enquire)
-
Libya
-
North Korea
-
Sudan
-
Syria
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