User Agreement

HOSTDOCTOR.COM agrees to provide its users with access to the Internet via dial-up or dedicated connections as well as provide user with other internet services including but not limited to web hosting, programming and consulting. User agrees to pay for this service in advance unless specifically agreed to in writing.

The user shall abide by the general "acceptable use" policies of the Internet, which, among other things, prohibit unauthorized advertising or it's use for any unlawful purposes. A user is responsible for his own behavior. HOSTDOCTOR.COM reserves the right at its sole discretion to determine when user has violated such policies, and should a user's behavior become unacceptable, HOSTDOCTOR.COM reserves the right to terminate their agreement at any time. 

Spamming (unauthorized bulk e mailing) through HOSTDOCTOR.COM's mail servers or relaying through another mail server from an HOSTDOCTOR.COM connection is strictly prohibited. Violators will be prosecuted to the full extent of the law. Users caught in this activity will have their accounts terminated and subject to a fine of $500.00 per incident. or the maximum allowed by law, whichever is greater.

The user's account with HOSTDOCTOR.COM will not be transferred or used by anyone other than user, except for user's immediate family in the same household. Commercial accounts shall not be transferred outside the company. User will not make multiple connections to HOSTDOCTOR.COM with the same account by logging in simultaneously on two or more different computers. Such use shall be billed as an additional cost at the posted rate.

Accounts which have been transferred to other parties or show other activity in violation of this agreement are subject to immediate cancellation at HOSTDOCTOR.COM 's discretion. Cancellation may be rescinded at HOSTDOCTOR.COM 's sole discretion following the payment of a reconnection fee. User agrees to indemnify and hold harmless HOSTDOCTOR.COM from any claims resulting from user's use or inability to use HOSTDOCTOR.COM 's service.

Unauthorized reselling of HOSTDOCTOR.COM ’s services or the unauthorized connection of bulletin board services, computer networks or on-line services to the Internet via HOSTDOCTOR.COM is prohibited.

Dial-Up accounts are subject to timeout restrictions. Should a dial-up connection remain inactive for a long period, the port may be reset. Upon a timeout, dial-up users may simply reconnect at their discretion. Dial-Up accounts are also subject to maximum session limits. A dial-up connection may remain active for a specified period of time before disconnect is requested. This limit may be enforced and changed at any time. Please note that this does not restrict dial-up accounts from re-connecting and is intended only for the benefit of all users.

Home Pages on Personal Accounts are intended for personal use only. Those users whose web pages exceed 150 Mb of transfer per month will, upon request by HOSTDOCTOR.COM , either remove their pages or transfer their account to a Commercial Account.

Dial-up Internet Access Accounts are for a period of one month unless otherwise agreed to in writing. All Web Hosting accounts and DSL Accounts are for a period of one year, unless otherwise agreed to in writing. In the event of cancellation by the user during the first year, payment for the balance of the year must be made prior to the transfer of the domain name. Upon the completion of the initial term, accounts will be extended on a month to month basis. Commercial Accounts are limited to 1 Gb of transfer per month. Additional transfer will be billed monthly at $.05 per Mb with a minimum charge of $10.00 per month.

HOSTDOCTOR.COM exercises no control whatsoever over the content of information on the Internet. HOSTDOCTOR.COM makes no warranties of any kind, whether expressed or implied, for the service it is providing. HOSTDOCTOR.COM also disclaims any warranty of marketability or fitness for a particular purpose. HOSTDOCTOR.COM will not be responsible for damages suffered by user, including, but not limited to, the loss of data for any reason caused by its own negligence, user's errors or due to the fault of third parties.

User agrees that HOSTDOCTOR.COM's total liability here under, including but not limited to any alleged negligence of HOSTDOCTOR.COM, shall not exceed the amount paid for service. In no event will HOSTDOCTOR.COM be liable for any incidental or consequential damages, long distance phone charges including without limitation, loss of use, loss of data, loss of profit, or loss of monies, or liability to third parties, however caused, whether by negligence of HOSTDOCTOR.COM or otherwise.

DSL customers are responsible for returning of the CPE. The CPE (Customer Premise Equipment) which may be a modem or router must be returned to HOSTDOCTOR.COM after service in terminated or a charge of $299.00 will be paid to cover its loss. All DSL accounts are for one year minimum and returning the CPE does relieve the customers responsibility to pay for 12 months of service regardless of when the CPE is returned.

HOSTDOCTOR.COM reserves the right to cancel service for any reason without prior notice. Should a user wish to terminate their agreement, there will be no refund of unused fees. Termination of services by HOSTDOCTOR.COM does not constitute relief of user from unpaid debts incurred before termination of this agreement. Termination of services will only be accepted by Email to webmaster@HOSTDOCTOR.COM, by certified mail to 4195 Parkman Rd. NW Warren, OH 44481 or by fax (330-898-1596). In the event HOSTDOCTOR.COM utilizes an attorney to collect any unpaid debts, user shall be responsible for the payment of all of HOSTDOCTOR.COM's attorney fees and costs in pursuing the collection of such unpaid debts. In all other litigation, the prevailing party shall be reimbursed for all attorney fees and costs by the non prevailing party. Venue for any litigation concerning this agreement shall be in Warren, Ohio.

 

 

 

 

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Copyright © 1999 
Last modified: June 12, 2003