Managed Data Solutions Terms Of Service (TOS)
|
Managed Data Solutions ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Managed Data Solutions' service constitutes acceptance and agreement AUP as well as Managed Data Solutions' TOS (Terms of Service).
In order to purchase a product from Managed Data Solutions, you must be 18 years of age or older. By providing your credit card details and proceeding with your order, you confirm that you are 18 years or older and are legally able to enter into this agreement. 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 addresses, account history, account use and any other relevant information to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Managed Data Solutions shall have the right to terminate all service set forth in this Agreement. 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. Any promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date. If you are a resident of Australia, your purchase of dedicated hosting services are subject to the GST sales tax rate of 10%. All setup fees are subject to a 10% tax. If you are located outside of Australia and have no legal entity in Australia, your purchase of dedicated hosting services are not subject to GST. Payments and Fees: Checks returned for any reason are subject to a $29.00 returned item charge. 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 non-payment may be subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Managed Data Solutions 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 as determined by the collection agency. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Refund and Disputes: All payments to Managed Data Solutions are non-refundable unless specifically stated to be subject to a money back guarantee. 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 Managed Data Solutions's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Managed Data Solutions an Administrative Fee of $30 to recover costs charged as a result of the disputed charge. 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 penalty interest and any collection fees. Account Cancellation: Requests for cancelling accounts may be made in writing with at least 7 days notice but not more than 60 days prior written notice. Early Cancellation: Where a contract term has been specified, and the service is terminated prior to the end of the contract term, the balance of the contract term will become due immediately. For the purposes of clarity, the balance of the contract is calculated as the remaining term (in months) multiplied by the monthly payment amount. (i.e. 12 month term remaining multiplied by $100 per month results in a balance due of $1,200). 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 as the sole and exclusive remedy. In no event shall the company be liable for any special or consequential damages, loss or injury. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Managed Data Solutions on behalf of the account holder a handling fee will be incurred. All users are required to understand and agree with ICANNs Registrant's Benefits and Responsibilities and placement of an order signifies acceptance of this requirement. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Managed Data Solutions will require a minimum of three (3) days to be set up and entered into our DNS servers once authority has been provided for us to act on your behalf. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Managed Data Solutions on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned. Support Boundaries: Managed Data Solutions, provides technical support to our subscribers (except for few holidays and short company meetings when we close our office.) We limit our technical support to our area of expertise. The following is our guideline when providing support: Managed Data Solutions provides support related to your server or virtual site physical functioning. Managed Data Solutions does not offer tech support for application specific issues such as cgi programming, DNS resolution, html or any other such issues. Managed Data Solutions does not provide technical support for YOUR customers. It is understood that running a website requires a level of technical expertise and Managed Data Solutions accepts no responsibility for the consequences, financial or otherwise, of actions taken at your request. If you can email, we encourage you to email This e-mail address is being protected from spambots. You need JavaScript enabled to view it for assistance. 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. SPAM and Unsolicited Commercial Email (UCE): Managed Data Solutions 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 Managed Data Solutions may not use or permit others to use our network to transact in UCE. Customers of Managed Data Solutions may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers Violation of Managed Data Solutions' SPAM policy will result in penalties. Upon notification of an alleged violation of our SPAM policy, Managed Data Solutions will initiate an immediate investigation (within 48 hours of notification). During the investigation, Managed Data Solutions may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Managed Data Solutions may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Managed Data Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Managed Data Solutions will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in a fee of $175 per hour spent investigating this incident and your account will be reviewed for possible immediate termination. A second violation will result in a further fee of $175 per hour spent investigating the incident and immediate termination of your account. Users who violate this policy agree that in addition to these Administrative penalties, they will reimburse the costs of investigative time not to exceed $175 per hour that Managed Data Solutions personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over the Managed Data Solutions' network, it is advisable that Customers develop a similar, or stricter, policy for their clients. IMPORTANT NOTICE: Any customer 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. Network IP Address Ownership: If Managed Data Solutions assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Managed Data Solutions, and Customer shall have no right to use that Internet Protocol address except as permitted by Managed Data Solutions in its sole discretion in connection with the Services, during the term of this Agreement. Managed Data Solutions shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Managed Data Solutions, and Managed Data Solutions 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"). Managed Data Solutions will monitor Customer's bandwidth and disk usage. Managed Data Solutions 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 Managed Data Solutions' sole and absolute discretion. If Managed Data Solutions 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. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, Managed Data Solutions may, at its sole discretion, collect a deposit, in the amount of $0.90 per GB, against customer's credit card on file with Managed Data Solutions. Data transfer in excess of each server's monthly allowance is automatically billed on or around the 5th of each month, for the previous calendar month. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers. Every effort will be made to notify account holders of potential bandwidth usage and to provide upgrade paths prior to excess billing being incurred. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Managed Data Solutions' network. Violations of system or network security may result in civil or criminal liability. Managed Data Solutions 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. Notification of Violation: Managed Data Solutions 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 First violation: Any User, which Managed Data Solutions 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 Managed Data Solutions' discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations Second Violation: Users that Managed Data Solutions 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 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. Suspension of Service or Cancellation: Managed Data Solutions reserves the right to suspend network access to any customer if in the judgment of the Managed Data Solutions' network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Managed Data Solutions 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. Managed Data Solutions reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Managed Data Solutions 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. Indemnification: Managed Data Solutions wishes to emphasize that in agreeing to the Managed Data Solutions' Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Managed Data Solutions for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Managed Data Solutions or the bringing of any claim against Managed Data Solutions by any third-party. This means that if Managed Data Solutions is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Managed Data Solutions, plus all costs and attorney's fees. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, physical address, and telephone contacts are used, in that order of preference 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. 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 Managed Data Solutions takes no responsibility for any material input by others and not posted to Managed Data Solutions' network by Managed Data Solutions. Managed Data Solutions is not responsible for the content of any other websites linked to the Managed Data Solutions network; links are provided as Internet navigation tools only. Managed Data Solutions 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. Managed Data Solutions is not responsible for any damages your business may suffer. Managed Data Solutions does not make implied or written warranties for any of our services. Managed Data Solutions 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 Managed Data Solutions. 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. Responsibility for Content: You, as Managed Data Solutions' customer, are solely responsible for the content stored on and served by your Managed Data Solutions server or website. Windows Servers: Requirements for using Microsoft software. Subscribers are required to have an appropriately licenced Windows Server otherwise, Managed Data Solutions may provide one from its SPLA licencing agreement. If a customer does not have an appropriately licenced server and does not agree to SPLA licencing, Managed Data Solutions may terminate the server at its discretion for breach of copyright and licencing laws. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason. |