Blinddog Hosting - Terms of Service (TOS) and Acceptable Use Policy
There are no hidden fee’s so if you are searching for them in small print, just a head’s up.
Use of Blinddog Hosting’s Service constitutes acceptance and agreement to Blinddog Hosting’s AUP (Acceptable Use Policy) as well as Blinddog Hosting’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Blinddog Hosting, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Blinddog Hosting.
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 Blinddog Hosting, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. Blinddog Hosting 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 Blinddog Hosting 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.
4. We reserve the right to discontinue and/or refuse to provide service to any client or party at our sole discretion.
5. All stated terms contained within this contractual agreement are subject to change without prior written notice as any updates may openly be viewed at our site, http://Blinddog.Or/. In addition, we reserve the right to make modifications to such terms contained herein at our sole discretion as deemed necessary by management.
What may not be hosted on our network:
Illegally posted materials will not be tolerated on our network. These include:
- Copyrighted Software
- Child pornography
- Credit Card Fraud Information
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio
If you find any of the above materials hosted on one of our web servers, please report to firstname.lastname@example.org.
Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.
Network Uptime is the total time in a calendar month that Blinddog Hosting network is available through the Internet, provided that Client has established connectivity. Blinddog Hosting 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% 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 Blinddog Hosting’s Network as confirmed by Blinddog Hosting. 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 Blinddog Hosting 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 12- 24 hours notice.
SLA Network Violation Credit
· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of Blinddog Hosting’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, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately
Establishment of this service is contingent upon receipt of payment from Customer to Blinddog Hosting. 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 are subject to a $25.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Blinddog Hosting 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)
Blinddog Hosting 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.
All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to email@example.com Include your domain name, last name on credit card in your email.
Refunds and Disputes:
All payments to Blinddog Hosting 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 charge backs, in Blinddog Hosting’s 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.
30 Day money back Guarantee:
All shared hosting, reseller hosting, and windows hosting plans come with a 30 day money back promise. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost.
Dedicated Server Restore:
Blinddog Hosting 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. Blinddog Hosting shall not be liable for loss of data under any circumstance.
Hardware replacement will occur within 1 - 8 hours of the reported problem, Blinddog Hosting will refund 5% of the monthly fee per additional 8 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: firstname.lastname@example.org . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*
Changes and Agreement Blinddog Hosting reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of Blinddog Hosting products and services constitutes your acceptance of the Terms of Service in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
Acceptable Use Policy
Blinddog Hosting is dedicated to providing an all-round top qualityservice. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Blinddog Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact email@example.com
Blinddog Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Blinddog Hosting service agrees to indemnify and hold harmless Blinddog Hosting from any claims resulting from the use of the service that damages the subscriber or any other party.
Blinddog Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Legal Adult Content is allowed
Violations of system or network security are prohibited, and mayresult in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. Blinddog Hosting shall be the sole arbiter of what is considered to be a high server usage level.
Blinddog Hosting does not provide nor allow chat room's On shared hosting enviroments. You may elect for a Dedicated Server to Run a chat room efficiently
Background Running Programs
Blinddog Hosting does not allow background Daemons such as IRC bots;eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
Blinddog Hosting does not allow IRC or IRC bots to be operated on ourservers.
Blinddog Hosting performs daily backups on all servers to ensure critical files are never lost. However Blinddog Hosting is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data forRedundancy.
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Blinddog Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Blinddog Hosting to provide this knowledge or support outside matter specific to Blinddog Hosting servers.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a Blinddog Hosting server or using an email address that is maintained on a Blinddog Hosting machine is STRICTLY prohibited. Blinddog Hosting will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Blinddog Hosting server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. Spaming is also considered illegal in a lot of countries.
Any attempts to undermine or cause harm to a Blinddog Hosting server orcustomer of Blinddog Hosting is strictly prohibited.
Any sub-networks of Blinddog Hosting and dedicated servers must adhereto the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Blinddog Hosting's shared Web Hosting accounts are not to be usedfor the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact firstname.lastname@example.org for special arrangement.
Multimedia files are defined as any graphics, audio, and video files. Blinddog Hosting Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Blinddog Hosting will take necessary steps to register domain names onbehalf of the client when requested. However, clients are responsible for renewing their domain names. Blinddog Hosting does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending an email to support.
Actions Taken by Blinddog Hosting
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Blinddog Hosting will be the sole arbiter as to what constitutes a violation of the AUP. Blinddog Hosting reserves the right to remove any account without prior notice.
When Blinddog Hosting becomes aware of an alleged violation of its AUP,Blinddog Hosting will initiate an investigation. During the investigation, Blinddog Hosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Blinddog Hosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Blinddog Hosting will notify the appropriate law enforcement authorities of such violation.
Blinddog Hosting does not issue credits for outages incurred throughservice disablement resulting from AUP violations.
Blinddog Hosting customers agree to indemnify and hold harmless Blinddog Hostingfrom any claims resulting from the use of our services that damages them or any other party. The Blinddog Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Blinddog Hosting expressly disclaims any representation or warranty that the Blinddog Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by Blinddog Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Blinddog Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Blinddog Hosting reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason
Contact Phone: 0403999899 Contact E-mail email@example.com