Terms of Service
Terms of Service Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others! If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Seadox Hosting Solutions’ Acceptable Use Policy (“AUP”), including abuse related issues, and all disconnect and reconnect fees associated with violations. Seadox Hosting Solutions does not harden or enable additional server security software outside of operating system defaults. The following terms constitute an agreement between you and Seadox Hosting Solutions, Inc. ("Seadox Hosting Solutions"). These Terms of Service govern your use of the services provided by Seadox Hosting Solutions (the “Services”). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in India any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services "AS IS" and without warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly. Seadox Hosting Solutions’ Responsibilities Seadox Hosting Solutions agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Seadox Hosting Solutions reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Seadox Hosting Solutions. Changes to Terms of Service and AUP Seadox Hosting Solutions’ Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Seadox Hosting Solutions. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect. Non-Payment/Service Interruption Services interrupted for non-payment may be subject to a $100 reactivation fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Seadox Hosting Solutions. Clients deactivated for non- payment or charge-back are subject to their data being destroyed seven (7) days from uspension/charge-back date. Seadox Hosting Solutions is not responsible for data integrity, regardless of circumstance. Seadox Hosting Solutions strongly recommends keeping up to date and off network backups to protect against data loss. Refunds/Charge-Backs We do offer money back gurantee of 7 days for our shared,reseller packages. However we do not offer moneyback guarnatee for master reseller plans. Any and all charge disputes must be reported directly to Seadox Hosting Solutions within thirty (7) days of the date which the charge originally occurred. If a charge which is deemed valid by Seadox Hosting Solutions, and validated by our Terms of Service , is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' of $200 in addition to original amount of funds which were reclaimed,service charges and setup fees are not refunded, the money back policy is valid only within 7 days of purchasing a new package and will not be for those existing customers or customers duely suspended . VIOLATIONS OF Seadox Hosting TOS/ACCEPTABLE USE POLICY Examples of what Seadox Hosting considers non-acceptable content and/or links to such. Pirated software Bulk Email /Spam related products Illegal Pornography/Nudity Illegal Adut content. Warez/Adults/Cracked products forum/blog Hacking/cracking related websites Warez and/or copyrighted MP3s Illegal material or material that is against public policy FreSeaDox Hosting Solutionsing of any kind Game sites Public Download Sites of any kind(computer applications,games,mobile apps) Proxy Sites Bulk File Storage and Streaming Audio/Video hosting User Forums containing links to material that violates our TOS Content or links to sites that are detrimental to public policy, health and welfare No rapishare related scripts (accepted on our special server) Resource Usage User may not: Use 21% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Abusing our staffs of any kind. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer on shared servers. Run any software that interfaces with an IRC network. Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them. Participate in any file-sharing/peer-to-peer activities Run any gaming servers etc Run cron entries with intervals of less than 15 minutes Any abuse of our staff in any medium or format will result in the suspension or termination of your services as well as voiding any refund policies promised. VIOLATIONS OF Seadox Hosting Solutions ACCEPTABLE USE POLICY Suspensions In the event a service is suspended, it will be subject to termination seven (7) days from the time of suspension. Seadox Hosting Solutions assumes no liability for the integrity of the data stored on a suspended server. Cancellations Seadox Hosting Solutions requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. Fraud In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Seadox Hosting Solutions. All information available to Seadox Hosting Solutions about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad. Disclaimers of Liability; Indemnification WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A Seadox Hosting Solutions, INC. REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFILLIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Support Seadox Hosting Solutions provides hardware support related to each direct client’s service functioning. Seadox Hosting Solutions does not offer software support of any kind. Seadox Hosting Solutions does not rovide software support/troubleshooting for the software items chosen from the order form. Seadox Hosting etworks only ensures the correct default installation of any software item chosen from the order form, nd in no way assumes liability for the configuration of any of the installed software. Seadox Hosting Solutions is not responsible for any downtime associated with the incorrect configuration of operating any software, hether installed by Seadox Hosting Solutions or the client. Seadox Hosting Solutions may provide enhanced oftware support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system (“OS”) eload per billing cycle; each additional OS reload is $50 per reload. Installation of an unsupported OS is subject to the prior approval of Seadox Hosting Solutions and to a $50 fee. Seadox Hosting Solutions does not rovide any type of support to the clients of our clients (third party clients). Seadox Hosting Solutions will only provide support directly to clients of Seadox Hosting Solutions. Spam/Bulk Email Policy Seadox Hosting Solutions does not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If Seadox Hosting Solutions receives a spam complaint or otherwise becomes aware of bulk mailing from its networks, it will identify the server the spam was initially sent from (via IP), create a comprehensive list of the spam complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint is defined as one marketing E-mail. The first Abuse Notification will provide a warning to the client and assess a $25 fine. The second Abuse Notification will assess a fine of $25 per complaint received with a maximum fine of $125. The third Abuse Notification will terminate all Services to the account and/or client in violation of these Terms of Service, as well as assess a fine of $25 per omplaint received with a maximum of $250. Seadox Hosting Solutions reserves the right to refuse Services to any client whose account(s) have been fined or terminated for bulk mailing. If an IP range or IP address has been black-listed as a result of a spam complaint, Seadox Hosting Solutions will issue a fine of $200 and reserves the right to immediately terminate the service, at the sole discretion of Seadox Hosting Solutions. - On the second instance of server compromise Seadox Hosting Solutions reserves the right to terminate the client’s services. If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such complaints, the client must provide Seadox Hosting Solutions with full logs as well as any additional information requested by Seadox Hosting Solutions within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it. DMCA Complaints Seadox Hosting Solutions handles any and all Digital Millennium Copyright Act (“DMCA”) complaints very seriously, and will thoroughly investigate each complaint received. Seadox Hosting Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy iolation. The first violation of this policy will result in an 'Administrative Fee' of $250, and Seadox Hosting Solutions reserves the right to terminate the service or account. A second violation will result in an 'Administrative Fee' of $300 and will also result in the immediate termination of the service or account. Users who violate this policy agree that in addition to these administrative penalties, they will pay ‘Research Fees’ not to exceed $100 per hour that Seadox Hosting Solutions personnel must spend to investigate the matter, to be charged only if claims are found to be valid. Bandwidth Usage/Overages Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Seadox Hosting Solutions reserves the right to suspend any account which does not pay andwidth overage charges promptly. Seadox Hosting Solutions is not responsible for spikes in bandwidth hat are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services. Payment Verification Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of Seadox Hosting Solutions. The identity verification measures may include the faxing of two forms of government issued identification to Seadox Hosting Solutions, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill will the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms. Our company's policy is to verify each first payment order made by a credit card holder and by any other payment mode . The verification procedure takes place via the phone specified in the payment order. If a client cannot be reached by phone, we send him/her an email, which encourages him/her to present us with another phone number where he/she can be reached at in order to confirm the payment. If, in a week's time, there is still no confirmation by the client, the order will be cancelled, account will be blocked. Publicity Clients consent to Seadox Hosting Solutions’ public disclosure that they are providing services to the client, which may include using the clients name in promotional materials. Seadox Hosting Solutions reserves the right to use client quotes for promotional uses. Electronic Notifications Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh- based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. Entire Agreement This contract and any supplemental terms, policies, rules and guidelines posted on our website onstitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Choice of Law and Location for Resolving Disputes You agree that the laws of the State of India govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules hereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in India. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN India OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SERVICES, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN India FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.