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DedicatedNOW - Acceptable Use Policy (AUP)
Use of DedicatedNow Service constitutes acceptance and agreement to DedicatedNOW’s
AUP as well as DedicatedNow's TOS (Terms of Service) DedicatedNOW 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 DedicatedNOW’s Internet services, and their clients,
must comply with this AUP and our TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments To DedicatedNow Are Non-Refundable*
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. DedicatedNow 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 DedicatedNow 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 DedicatedNow's Acceptable
Use Policy. The following are guidelines for the establishment and enforcement
of DedicatedNow's AUP. If a DedicatedNow 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: DedicatedNow's services may not be used for illegal
purposes, or in support of illegal activities. DedicatedNow 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 DedicatedNOW’s
service to harm, or attempt to harm, minors in any way, including, but not limited
to child pornography, or use DedicatedNOW’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 DedicatedNow
service to transmit any unsolicited commercial or unsolicited bulk
e-mail is expressly prohibited. Spam complaints will be sent to the
e-mail address on file. Violations of this type will result in the
immediate suspension of the offending website on the DedicatedNow
server. Failure to respond to complaints within a 24 hour timeframe
will result in the DedicatedNow abuse staff suspending the offending
website or shared hosting account by whatever means necessary. Should
the account become re-activated without the express written consent of
Dedicatednow's Abuse Department, the offending website or shared hosting
account will be immediately terminated, and may result in suspension /
termination of the server should the site and/or client re-appear on the
server. 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 DedicatedNow account.
· Copyright or trademark infringement: Use of the DedicatedNow 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 DedicatedNow 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 DedicatedNow service for any activity
which affects the ability of other people or systems to use DedicatedNow 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. DedicatedNow 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. DedicatedNOW, 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 DedicatedNow service to access,
or to attempt to access, the accounts of others, or to penetrate, or attempt to
penetrate, security measures of DedicatedNow'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 DedicatedNow 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.
· Security Risk: Should any box become a security risk to our network, including,
but not limited to: presumed compromised servers, outbound verified attacks, inbound
recipient of an attack, spamming, illegal content, etc. DedicatedNOW will attempt to contact
the server owner, giving 24 hours notice, after which time, we will attempt to gain entry
to the server with passwords on file. Should the passwords not be accessible to DedicatedNOW
staff, DedicatedNOW reserves the right to attempt to gain entry to the server. In extreme
circumstances involving flagrant illegal acts or activities, upon email, and phone contact
if no response is given within 1 hour, DedicatedNOW reserves the right to attempt to gain
immediate entry to the server for security purposes only. Clients refusing to provide access
under such circumstances, are subject to a fine of $150.00.
· Network Security: DedicatedNow 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 DedicatedNow AUP
DedicatedNow requests that anyone who believes that there is a violation of this
AUP direct the information to the Abuse Department at abuse@DedicatedNow.net
if possible, please provide the IP address used to commit the violation, date
and time of the violation, and evidence of the violation.
DedicatedNOW - Terms of Service(TOS)
Use of Dedicated NOW’s Service constitutes acceptance and agreement to Dedicated
NOW’s AUP (Acceptable Use Policy) as well as Dedicated NOW’s TOS (Terms
of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”,
“we”, “our”, “ours” shall constitute reference
to Dedicated Now, the usage of “you”, “your”, “they”,
“them” shall refer to client / customer of Dedicated NOW.
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 Dedicated NOW, that you are agreeing to our TOS, AUP, and SLA.
No Modifications of said contract by customer is allowed.
2.
Dedicated NOW 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 Dedicated NOW any additional fees
as specified in the Service Description within three (3) days of
invoicing period. Any BW overage bill not paid within three (3) days of
invoicing will be subject the server and services to suspension.
Payment:
Establishment of this service is contingent upon receipt of payment from Customer
to Dedicated NOW. 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:
Acceptable means of payment are credit card, paypal, and wire transfer.
Paypal payments must be submitted to paypal@dedicatednow.com. Payments made
by paypal will be reflected to the account within 24 business hours.
Accounts paid by wire transfer must submit semi-annual payments for service.
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 10 days past due. Service
interrupted for nonpayment is subject to a $200.00 reconnection charge. Accounts
not paid by due date are subject to a $7.95 late fee. Accounts that are not
collectable by Dedicated NOW 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:
Dedicated NOW 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.
Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to
DedicatedNOW, resulting in a suspension of service you will have 48
hours to make restitution for the delinquent balance. Any account left
unpaid after 48 hours of suspension and reseller not contacting the
DedicatedNOW billing department to resolve the issue will allow for the
reseller's client to be able to purchase the server directly, and assume
financial responsibility from that point forward. The balance must be
paid entirely by the client prior to lifting the service suspension.
Resellers shall not hold DedicatedNOW responsible for failure to
appropriately pay their invoices in a timely manor set forth in your
original contracts.
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 faxed
to (973) 572-1061. Confirmation Receipt of cancellation will be sent within
24 hours of our normal cancellation department hours of 9AM to 5PM EST Monday
- Friday. An account is not cancelled until a confirmation is sent.
Refunds and Disputes:
All payments to Dedicated NOW 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 Dedicated NOW’s discretion
which is valid, under the terms and conditions of our SLA, AUP, and TOS, will
result in immediate service interruption, and reconnection fees to restore the desired
service.
DedicatedNOW - 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) DedicatedNOW will not perform maintenance,
security checks, or management without client initiating such request. DedicatedNOW
does not take responsibility for the overall security of servers.
Co-Location Services is defined as servers that are property of the Clients, renting;
;rack space, bandwidth, and Ethernet ports from DedicatedNOW. Client is
responsible for supplying replacement parts, and software media. DedicatedNOW
may provide such hardware in requested situations, but is not liable to provide
such equipment in any specific timeframe, unless agreed upon by approved DedicatedNOW
representatives. All services performed on the Clients servers are subject
to and a $75.00 an hour labor fee. DedicatedNOW does not take responsibility
for the overall security of servers.
Network Uptime is the total time in a calendar month that DedicatedNOW network is
available through the Internet, provided that Client has established connectivity.
DedicatedNOW takes responsibility for 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, that render 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 DedicatedNOW’s Network as confirmed by DedicatedNOW. 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 DedicatedNOW 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. DedicatedNOW 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 e-mail our sales department, within 10 days
of reported violation, at: sales@dedicatednow.com . SLA violations will be
reviewed by our personnel Monday - Friday 9AM to 5PM EST and applied on
the 1st business day of the next month. *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 DedicatedNOW’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.
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. In no event shall the company be liable for any special or consequential damages, loss or injury.
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, DedicatedNOW 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@dedicatednow.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.
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, DedicatedNOW will restore
the system to original state.
DedicatedNOW 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. DedicatedNOW
shall not be liable for loss of data under any circumstance.
*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. In no event shall the company be liable for any special or
consequential damages, loss or injury.*
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