Hostoodle.com

Terms Of Service
TERMS OF SERVICE Terms of service and acceptable use policy are subject to change without notice. Violation of TOS or AUP will result in suspension and or termination without notice to customers and no refund will be issue. Hostoodle.com and IntlServers.com, agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). IMPORTANT NOTICE: All Payments To Hostoodle.com for Hosting Service and Websites Are Non-Refundable Please refer to Paypal buyers agreement regarding intangible items and services. https://www.paypal.com/cgi-bin/webscr?cmd=_protections-buyer-outside IMPORTANT NOTICE: BEGINNING IMMEDIATELY, Anyone hosting websites or services on Hostoodle servers that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their accounts immediately removed from our network. The accounts 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 account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal fromor network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice. No refund will be issued. Use of Hostoodle.com Hosting Service constitutes acceptance and agreement to Hostoodle.com's AUP as well as Hostoodle.com's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Hostoodle.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Hostoodle.com. Subscriber understands that change to the AUP by Hostoodle.com shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of California, county of Los Angeles applicable to contracts enforceable in that state. Venue will be in Los Angeles County, California. 1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Hostoodle.com may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Hostoodle.com Hosting Service shall have the right to terminate all service set forth in this Agreement. 2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that Hostoodle.com may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Hostoodle.com achieving and maintaining its cost of service goals including but not limited to rates charged to Hostoodle.com by its suppliers. 3. Payment: Establishment of this service is dependent upon receipt by Hostoodle.com of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by Hostoodle.com Hosting Service are subject to the current tax rate as imposed by the State of Louisiana, which is currently 6%. The above applies to all accounts and services provided by Hostoodle.com Hosting Service. 4. Payments and 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 1 day past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Hostoodle.com Hosting Service may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Hostoodle.com a "Processing and Collection" Fee of not less than $50 or more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. 5. Refund and Disputes: All payments to Hostoodle.com Hosting Service, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. 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 that, in Hostoodle.com Hosting Service's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Hostoodle.com Hosting Service an "Administrative Fee" of not less than $50 and not more than $150. 6. Failure to Pay: Hostoodle.com may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. 7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to: billing@hostoodle.com Attn: Cancellations You must have all account information to cancel. 8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Hostoodle.com and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Hostoodle.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Hostoodle.com. Subscriber further acknowledges that Hostoodle.com'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 Hostoodle.com be liable for any special or consequential damages, loss or injury. 9. Support Boundaries: Hostoodle.com Hosting Service, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Hostoodle.com Hosting Service provides support related to your server or virtual site physical functioning. Hostoodle.com Hosting Service does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Hostoodle.com Hosting Service does not provide technical support for YOUR customers. If you can email, we encourage you to submit to Hostoodle Support for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://hostoodle.com/support_submit/ttx.cgi - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support. 10. SPAM and Unsolicited Commercial Email (UCE): Hostoodle.com Hosting Service 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 Hostoodle.com Hosting Service may not use or permit others to use our network to transact in UCE. Customers of Hostoodle.com Hosting Service may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. 11. Violation of Hostoodle.com Hosting Service's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Hostoodle.com Hosting Service will initiate an immediate investigation (within 48 hours of notification). During the investigation, Hostoodle.com Hosting Service may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Hostoodle.com Hosting Service may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Hostoodle.com Hosting Service reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Hostoodle.com Hosting Service will notify law enforcement officials if the violation is believed to be a criminal offense. 12. 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 Hostoodle.com Hosting Service personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. 13. As our Customers are ultimately responsible for the actions of their clients over the Hostoodle.com Hosting Service network, it is advisable that Customers develop a similar, or stricter, policy for their clients. 14. Network a. IP Address Ownership: If Hostoodle.com Hosting Service assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Hostoodle.com Hosting Service, and Customer shall have no right to use that Internet Protocol address except as permitted by Hostoodle.com Hosting Service in its sole discretion in connection with the Services, during the term of this Agreement. Hostoodle.com Hosting Service shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Hostoodle.com Hosting Service, and Hostoodle.com Hosting Service reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Hostoodle.com Hosting Service will monitor Customer's bandwidth and disk usage. Hostoodle.com Hosting Service shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. 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 Hostoodle.com Hosting Service's sole and absolute discretion. If Hostoodle.com Hosting Service takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Hostoodle.com Hosting Service may, at its sole discretion, collect a deposit, in an amount determined by Hostoodle.com Hosting Service, against customer's credit card on file with Hostoodle.com Hosting Service. c. Unlimited / Unmetered accounts are no longer honored, if you purchased an “unmetered” disk package before 11-17-04, we will provided you with the best possible means to accommodate you without exceeding the server’s capacity, or disputing other users on the server. If your requirements exceed 10% of the server capacity we reserve the right to move your account to a dedicated server, which will incur an additional cost, or you may purchase an additional reseller account. We will notify you of any additional costs involved prior to upgrading your account. d. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Hostoodle.com Hosting Service Network. Violations of system or network security may result in civil or criminal liability. Hostoodle.com Hosting Service will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: e. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. f. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. g. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". h. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. i. Taking any action in order to obtain services to which such User is not entitled. 15. Notification of Violation: a. Hostoodle.com Hosting Service is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. b. First violation: Any User, which Hostoodle.com Hosting Service determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Hostoodle.com Hosting Service's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. c. Second Violation: Users that Hostoodle.com Hosting Service determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible. e. Suspension of Service or Cancellation: Hostoodle.com Hosting Service reserves the right to suspend network access to any customer if in the judgment of the Hostoodle.com Hosting Service network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Hostoodle.com Hosting Service chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. f. Hostoodle.com Hosting Service reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Hostoodle.com Hosting Service must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. g. Indemnification: Hostoodle.com Hosting Service wishes to emphasize that in agreeing to the Hostoodle.com Hosting Service Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Hostoodle.com Hosting Service for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Hostoodle.com Hosting Service or the bringing of any claim against Hostoodle.com Hosting Service by any third-party. This means that if Hostoodle.com Hosting Service is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Hostoodle.com Hosting Service, plus all costs and attorney's fees. h. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. i. A waiver by Hostoodle.com of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. j. Subscriber shall not transfer or assign this Agreement without the prior written consent of Hostoodle.com. Hostoodle.com may assign Agreement at anytime without consent from or notice to Subscriber. Hostoodle.com reserves right to cancel customers rights under this contract at anytime without further obligation. k. Hostoodle.com Hosting Service takes no responsibility for any material input by others and not posted to the Hostoodle.com Hosting Service Network by Hostoodle.com Hosting Service. Hostoodle.com Hosting Service is not responsible for the content of any other websites linked to the Hostoodle.com Hosting Service Network; links are provided as Internet navigation tools only. Hostoodle.com Hosting Service disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. l. Hostoodle.com Hosting Service is not responsible for any damages your business may suffer. Hostoodle.com Hosting Service does not make implied or written warranties for any of our services. Hostoodle.com Hosting Service 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 Hostoodle.com Hosting Service. m. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material would be subject to immediate cancellation without refund. 16. Responsibility for Content: You, as Hostoodle.com Hosting Service's customer, are solely responsible for the content stored on and served by your Hostoodle.com Hosting Service server. 17. Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated. Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, de-compile, or disassemble the Software Products. Hostoodle.com Hosting Service may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Hostoodle.com Hosting Service has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Hostoodle.com Hosting Service and not by the Third Party Vendor. Neither Hostoodle.com Hosting Service nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Hostoodle.com Hosting Service or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Hostoodle.com Hosting Service nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Hostoodle.com Hosting Service with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. 18. Abuse Towards Our Staff or Network Staff: a: Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend, or terminate your account including customers, if the account in question is a reseller account and per our AUP and TOS, We offer No Refunds. 19. Free and Sellable Websites Free and Sellable Websites are offered to new Reseller Accounts only. a. Sellable websites must have a registered domain prior to installation by you, the reseller, or by Hostoodle.com (Domains can either by purchased through Hostoodle.com or by resellers’ registrar of choice.) b. Premium websites found in our Turnkey Website page are not included in the Reseller Plan c. Sub-domains (example: yourweb.yourdomain.com) is not considered a registered domain, any websites offered through our reseller program found to installed into this type of domain will be suspended and, or terminated. d. Hostoodle.com will provide no support for any websites moved to another server or that have been altered. e. Hostoodle.com will provide no support directly to resellers’ paying customers. f. Websites can only be moved to another server once the initial three-month paid period is completed. g. Hostoodle.com will provide no support for moving websites to another server not own by Hostoodle.com Hostoodle.com's Hosting Service 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).