Terms of Service (TOS)

Effective Date:

This Terms of Service was last updated on September 5, 2008.

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 hasrevised this TOS by noting the "Effective Date" above. Your continued useof 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 anyother 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 anyadditional 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'sservices or their entire account with The Company. If a check or ACH draft is returned for any reason, the account will beassessed 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 forcollection, 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 al loutstanding 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 ourclient portal at least 7 days but not more than 30 days before the end ofthe 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 forany excess bandwidth usage during the then-current monthly billing cycle.

Bandwidth

Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. TheServerDoctor will monitor Client's bandwidth usage and will provide RTG graphs of bandwidth usage for Client to review in the TheServerDoctor client portal. TheServerDoctor shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). 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 TheServerDoctor's sole and absolute discretion. TheServerDoctor believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable.

Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic are counted.

In the event that a customer exceeds the included allocation, TheServerDoctor may, at its sole discretion, collect a deposit in the amount of $0.75 per GB for the projected overage for the month, immediately against customer's credit card on file with TheServerDoctor.

Client agrees to pay TheServerDoctor any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.75 per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paidwithin three (3) days of invoicing will subject the server and services to suspension.

Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.

IP Allocations

All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.

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 meansthat 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 throughremote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result inaccount 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 analleged 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 asubstantiated 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 theirclients over the TheServerDoctor network, it is advisable that Clients develop asimilar, or stricter, policy for their clients.

Refund and Disputes

All payments to TheServerDoctor are nonrefundable. This includes one timesetup 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 term sherein. 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.

Courtesy Transfer Service

TheServerDoctor performs all account transfers, account moves, cPanel transfers, server transfers and any other service which involves TheServerDoctor copying files of yours from a third party service to your TheServerDoctor service, hereafter known as a "transfer" as a courtesy service only. By requesting TheServerDoctor to perform a transfer you agree indemnify and hold harmless TheServerDoctor from any and all liability arising from the transfer and/or copying of your accounts. You also agree TheServerDoctor is not responsible for any issues relating to the transfer of your accounts, both on your TheServerDoctor service and at any other third party service from which TheServerDoctor may be transferring your accounts from, including but not limited to, missing or corrupted files, improperly transferred accounts, any and all fees you may incur from third party services such as bandwidth fees or charges from delays in transferring account, settings or files from third party providers which may not transferred, any downtime or outages, DNS problems, accounts set up on incorrect IP addresses, any issues at third party services which delay or prevent TheServerDoctor from performing the service, or any other issues. TheServerDoctor makes no guarantees regarding the availability of our transfer service or the amount of time it takes to perform transfers.

VPS Nightly Backups

TheServerDoctor performs nightly backups of VPS accounts as a courtesy service only. TheServerDoctor is not responsible for the completeness, integrity, or freshness of your VPS backup. TheServerDoctor recommends you have your own backup system in place. VPS backups are intended for disaster recovery purposes only. TheServerDoctor reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.

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 serviceare 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 beliable 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 theprovisions 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 waybe construed to be a waiver of such provisions, rights, remedies, oroptions or in any way to affect the validity of this TOS. The exercise byTheServerDoctor of any rights, remedies, or options provided hereunder, or atlaw 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, orother 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 orblackouts, 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 hereundermay be assigned by the Client (whether by operation of law or otherwise)without the prior written consent of The Company. The Company may assignthis 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 theparties 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 reclaimedfor non-payment.

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

Anything not explicitly stated in this TOS is subject to interpretation atTheServerDoctor's sole and absolute discretion.

You, as TheServerDoctor's client, are solely responsible for the content storedon and served by your TheServerDoctor service.

Contact

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