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 Cancellation may be rescinded at HOSTDOCTOR.COM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.