Terms of Service
IMPORTANT NOTICE:
All Payments To The Drooling Dog, LLC Are
Non-Refundable.
The Drooling Dog, LLC ("The Company") agrees to furnish services to
the Subscriber, subject to the following TOS (Terms of Service).
Use of The Drooling Dog Service constitutes acceptance and agreement to The
Drooling Dog's AUP as well as The Drooling Dog's TOS (Terms of Service). All
provisions of this contract are subject to the TOS (Terms of Service) of The
Drooling Dog, LLC and AUP (Acceptable Use Policy). The AUP may be changed from
time to time at the discretion of the Company. Subscriber understands that
change to the AUP by the Company 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
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company 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 The Drooling Dog
shall have the right to terminate all service set forth in this Agreement.
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 the Company may prospectively change the specified rates and charges
from time to time. The promotional offer is contingent upon Company achieving
and maintaining its cost of service goals including but not limited to rates
charged to company by its suppliers.
Payment:
Establishment of this service is dependent upon receipt by the Company 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
The Drooling Dog are subject to the current tax rate as imposed by the State of
Payments and Fees:
Credit cards that are declined for any reason are subject to a $5.00
declination fee. Accounts that are more than 10 days past due are subject to
disconnection without notice. Service interrupted for nonpayment is subject to
a $50 reconnect charge. Accounts not paid by due date are subject to a $5.00
late fee. Accounts that are not collectable by The Drooling Dog may be turned
over to an outside collection 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 $50 nor more
than $150. If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
Payment due date:
Payments for collocation, dedicated server
rental, bandwidth, hosting services, space and other recurring monthly services
are due in advance on the 1st day of beginning of the month. (For example
payment for August is due on the 1st day of August.) Accounts that are more
than 10 days past due are subject to disconnection without notice. Service
interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not
paid by due date are subject to a $5.00 late fee.
Refund and Disputes:
All payments to The Drooling Dog, LLC 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 The
Drooling Dog's sole discretion is a valid charge under the provisions of the
TOS and /or AUP, you agree to pay The Drooling Dog an "Administrative
Fee" of not less than $50 and not more than $150.
Failure to Pay:
The Company 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.
Account Cancellation:
All requests for canceling accounts must be made in writing with at least 30
days notice but not more than 60 days prior written notice and sent to The
Drooling Dog Attn: Cancellations,
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.
New Domain Accounts:
All new web hosting accounts involving new domains will be set up and entered
into our DNS servers within 3 to 5 business days. Due to unforeseen complications,
however, this process may sometimes require up to 7 business days. If the new
domain is registered by the account holder, there will be no handling fee. If
the domain is registered by The Drooling Dog, LLC on behalf of the account
holder a handling fee may be incurred.
Transfer of Domains:
New web hosting accounts which involve the transfer of a domain from another
provider to The Drooling Dog, LLC will require a minimum of seven (7) days to
be set up and entered into our DNS servers. In some cases, such transfers may
take up to sixty (60) days. Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount of time a specific
transfer may take. If the transfer of the domain is done by The Drooling Dog,
LLC on behalf of the account holder a handling fee may be incurred. If the
customer cancels service during the transfer period for any reason, all charges
are considered earned.
Support Boundaries:
The Drooling Dog, provides e-mail technical support to our subscribers (except
for 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: The Drooling Dog provides support related to your
server or virtual site physical functioning. The Drooling Dog does not offer
tech support for application specific issues such as cgi
programming, html or any other such issue. The Drooling Dog does not provide
technical support for YOUR customers. If you can email, we encourage you to
email support@thedroolingdog.com for assistance. If you are able to get online
and have other questions, the answers may be on our support page at
http://www.thedroolingdog.com/support/ - 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.
SPAM and Unsolicited Commercial Email (UCE):
The Drooling Dog 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 The Drooling Dog may not use or permit others to use our network
to transact in UCE. Customers of The Drooling Dog 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.
a. Violation of The Drooling Dog's SPAM policy will result
in severe penalties. Upon notification of an alleged violation of our SPAM
policy, The Drooling Dog will initiate an immediate investigation (within 48
hours of notification). During the investigation, The Drooling Dog may restrict
customer access to the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, The Drooling Dog may, at its sole
discretion, restrict, suspend or terminate customer's account. Further, The
Drooling Dog reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation. The
Drooling Dog 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 The
Drooling Dog personnel must spend to investigate the matter. PLEASE, DO NOT
SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients
over the The Drooling Dog network, it is advisable
that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
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.
VII. Network
IP Address Ownership:
If The Drooling Dog assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address shall belong
only to The Drooling Dog, and Customer shall have no right to use that Internet
Protocol address except as permitted by The Drooling Dog in its sole discretion
in connection with the Services, during the term of this Agreement. The
Drooling Dog shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by The Drooling Dog, and
The Drooling Dog 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.
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"). The Drooling Dog will monitor Customer's bandwidth
and disk usage. The Drooling Dog 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 The Drooling Dog's sole and absolute discretion. If
The Drooling Dog 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, The Drooling Dog
may, at its sole discretion, collect a deposit, in an amount determined by The
Drooling Dog, against customer's credit card on file with The Drooling Dog.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of
the The Drooling Dog Network. Violations of system or
network security may result in civil or criminal liability. The Drooling Dog
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: Accessing data not intended for such User or logging into a server
or account, which such User is not authorized to access. Attempting to probe,
scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization. Attempting
to interfere with service to any user, host or network, including, without
limitation, via means of overloading, "flooding", "mail
bombing" or "crashing". Forging any
TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting. Taking any action in order to obtain services to
which such User is not entitled.
Notification of Violation:
The Drooling Dog 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. First violation: Any User, which The Drooling Dog 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 The
Drooling Dog's discretion to a temporary suspension pending a User's agreement
in writing, to refrain from any further violations. Second Violation: Users
that The Drooling Dog 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. 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.
Suspension of Service or Cancellation:
The Drooling Dog reserves the right to suspend network access to any customer
if in the judgment of The Drooling Dog 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 The Drooling Dog 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. The Drooling Dog reserves the
right to amend its policies at any time. All Sub-Networks, resellers and
managed servers of The Drooling Dog 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.
Indemnification:
The Drooling Dog wishes to emphasize that in agreeing to the The Drooling Dog Acceptable Use Policy (AUP) and Terms of
Service (ToS), customer indemnifies The Drooling Dog
for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to The Drooling Dog or the
bringing of any claim against The Drooling Dog by any third-party. This means
that if The Drooling Dog is sued because of a customer's or a customer of a
customer's activity, the customer will pay any damages awarded against The
Drooling Dog, plus all costs and attorney's fees.
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. A
waiver by the Company 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.
Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime without
consent from or notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without further obligation. The
Drooling Dog takes no responsibility for any material input by others and not
posted to The Drooling Dog Network by The Drooling Dog. The Drooling Dog is not
responsible for the content of any other websites linked to The Drooling Dog
Network; links are provided as Internet navigation tools only. The Drooling Dog
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. The Drooling Dog is not responsible for any damages your business may
suffer. The Drooling Dog does not make implied or written warranties for any of
our services. The Drooling Dog 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
The Drooling Dog. It is absolutely forbidden to host pornographic content or
IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting
this material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as The Drooling Dog's customer, are solely responsible for the content
stored on and served by your Drooling Dog server.