Terms of Service (TOS)

Effective Date: April 3rd, 2012

This Terms of Service was last updated on April 3, 2012.

TheServerDoctor (“The Company”) agrees to furnish services to the subscriber ofservices (“Client”), subject to the following TOS (“Terms of Service”).

TheServerDoctor reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether TheServerDoctor has revised this TOS by noting the “Effective Date” above. Your continued use of the services after such modifications will constitute your: (a)acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.

Contact Information

You agree to provide TheServerDoctor with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to TheServerDoctor in order to receive or to continue receiving services. Further, you agree to provide TheServerDoctor with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.

Payments and Fees

Establishment of this service is dependent upon receipt by TheServerDoctor of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, or money order. Paypal payments must be submitted to payments@TheServerDoctor.com Wire transfer payments are allowed for clients who pay on a semi-annual or longer basis. Clients are responsible for any additional transaction fees that coincide with any payment methods. Checks, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by TheServerDoctor in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client’s services or their entire account with The Company. If a check or ACH draft is returned for any reason, the account will be assessed a $30 service charge per item. If payment for the returned check amount and service fee is not remitted in full by 2 P.M. EST the following business day, the server will be deactivated until payment is received and will be subject to regular reconnect 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 4 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a 10% late fee. Accounts that are not collectible by TheServerDoctor 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 $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.

Account Cancellation

Client must submit service cancellations by opening a ticket through our client portal at least 7 days but not more than 30 days before the end of the service’s billing cycle. Cancellation requests are no accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.

In the event of cancellation, customer will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.

SPAM and Unsolicited Commercial Email (UCE)

TheServerDoctor 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 TheServerDoctor may not use or permit others to use our network to transact in UCE. Clients of TheServerDoctor 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 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.

• a. Violation of TheServerDoctor’s email policy, as outlined in the Acceptable Use Policy (“AUP”) will result in severe penalties. Upon notification of an alleged violation of our AUP, TheServerDoctor will initiate an immediate investigation (within 48 hours of notification). During the investigation, TheServerDoctor may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, TheServerDoctor may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, TheServerDoctor reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. TheServerDoctor 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 TheServerDoctor personnel must spend to investigate the matter.
• c. As our Clients are ultimately responsible for the actions of their clients over the TheServerDoctor network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

Refund and Disputes

All payments to TheServerDoctor are nonrefundable. This includes onetime setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. 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 or payment provider (chargeback) that, in TheServerDoctor’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay TheServerDoctor an “Administrative Fee” of not less than$75 and not more than $200.

Damages

Client 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, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.

TheServerDoctor is not responsible for any damages your business may suffer. TheServerDoctor does not make implied or written warranties for any of our services. TheServerDoctor 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 TheServerDoctor.

Non-Waiver

Client agrees that TheServerDoctor’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise byTheServerDoctor of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice TheServerDoctor from exercising thereafter the same or other rights, remedies, or options.

Force Majeure

You agree that TheServerDoctor is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.

Assignment

Neither this TOS nor any of the rights, interests or obligations here under may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Misc.

We reserve the right to refuse service to anyone at any time for any reason.

The Company is not responsible for data integrity on equipment reclaimed for non-payment.

Vermont residents agree to pay all taxes applicable to your account.

Anything not explicitly stated in this TOS is subject to interpretation at TheServerDoctor’s sole and absolute discretion.

You, as TheServerDoctor’s client, are solely responsible for the content stored on and served by your TheServerDoctor service.

Contact

Please direct all questions regarding this AUP to abuse@TheServerDoctor.com