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Dinsol.com
- Acceptable Use Policy (AUP)
Use of Dinsol.com Service constitutes acceptance and agreement to Dinsol.com’s
AUP as well as Dinsol.com's TOS (Terms of Service) Dinsol.com 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). All users of Dinsol.com’s Internet services, and their
clients, must comply with this AUP and our TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments To Dinsol.com Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and
do not actively monitor subscriber activity under normal circumstances. Similarly,
we do not exercise editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or accessible over or through
the services, except for certain proprietary Web sites. However, in accordance
with our TOS (Terms of Service), we may remove any materials that, in our sole
discretion, may be illegal, may subject us to liability, or which may violate
this AUP. Dinsol.com may cooperate with legal authorities and/or third parties
in the investigation of any suspected or alleged crime or civil wrongdoing.
Your violation of this AUP may result in the suspension or immediate termination
of either your Dinsol.com account or other actions as detailed below without
notice, based upon the nature of the violation.
This document is intended to provide a basic understand of Dinsol.com's Acceptable
Use Policy. The following are guidelines for the establishment and enforcement
of Dinsol.com's AUP. If a Dinsol.com account violates this Acceptable Use
Policy or our TOS, we reserve the right to terminate your service without notice.
We prefer to advise customers of inappropriate behavior and any necessary corrective
action, however based on the nature of the violation, could result in immediate
termination of service.
The following constitute violations of this AUP:
· Illegal Activities: Dinsol.com's services may not be used for illegal
purposes, or in support of illegal activities. Dinsol.com reserves the right
to cooperate with legal authorities and/or injured third parties in the investigation
of any suspected crime or civil wrongdoing.
· Harm or Endangerment to other people: You may not use Dinsol.com’s
service to harm, or attempt to harm, minors in any way, including, but not limited
to child pornography, or use Dinsol.com’s service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens or encourages bodily
harm or destruction of property.
· Forgery or impersonation: Adding, removing or modifying identifying
network header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or other identifying
information is prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation.
· Unsolicited E-mail, News Bombing (SPAM) Use of the Dinsol.com service
to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly
prohibited. Violations of this type will result in the immediate termination
of the offending Dinsol.com account. 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. Malicious intent to impede another
person's use of electronic mail services or news will result in the immediate
termination of the offending Dinsol.com account.
· Copyright or trademark infringement: Use of the Dinsol.com service
to transmit any material (by e-mail, uploading, posting or otherwise) that infringes
any copyright, trademark, patent, trade secret or other proprietary rights of
any third party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized transmittal
of copyrighted software. Use of the Dinsol.com service to collect, or attempt
to collect, personal information about third parties without their knowledge
or consent. Distribution and/or posting of copyrighted or the aforementioned
infringements will not be tolerated.
· Network disruptions : Use of the Dinsol.com service for any activity
which affects the ability of other people or systems to use Dinsol.com Services
or the Internet. This includes "denial of service" (DOS) attacks against
another network host or individual user. Interference with or disruption of
other network users, services or equipment is prohibited. Dinsol.com will
not tolerate any subscriber attempting to access the accounts of others, or
penetrate security measures of other systems, whether or not the intrusion results
in corruption or loss of data. Dinsol.com, does not allow the hosting of IRC,
IRC Bots, or eggdrops on our network. Servers found hosting this material will
be subject to immediate cancellation without refund. Use of the Dinsol.com
service to access, or to attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of Dinsol.com's or another entity's
computer software or hardware, electronic communications system, or telecommunications
system, whether or not the intrusion results in the corruption or loss of data,
is expressly prohibited and the offending Dinsol.com account is subject to
immediate termination.
· Security: You are responsible for any misuse of your account, even
if the inappropriate activity was committed by a friend, family member, guest
or employee. Therefore, you must take steps to ensure that others do not gain
unauthorized access to your account. In addition, you may not use your account
to breach security of another account or attempt to gain unauthorized access
to another network or server.
· Network Security: Dinsol.com accounts operate on shared network resources.
Excessive use or abuse of these resources by one customer may have a negative
impact on all other customers. Misuse of network resources in a manner which
impairs network performance is prohibited by this policy and may result in termination
of your account.
REPORTING VIOLATIONS OF Dinsol.com AUP
Dinsol.com requests that anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department at abuse[at]dinsol.com
if possible, please provide the IP address used to commit the violation, date
and time of the violation, and evidence of the violation.
Dinsol.com
- Terms of Service(TOS)
Use of Dinsol.com’s Service constitutes acceptance and agreement to Dinsol.com’s
AUP (Acceptable Use Policy) as well as Dinsol.com’s TOS (Terms of Service).
From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”,
“our”, “ours” shall constitute reference to Dinsol.com, the usage of “you”, “your”, “they”,
“them” shall refer to client / customer of Dinsol.com.
Acceptance
of Contractual Agreement
1. Client agrees that by placing an order either by means of
electronic ordering (web order form) or submitting a written contract, and receipt
of such order by Dinsol.com, that you are agreeing to our TOS, AUP, and SLA.
No Modifications of said contract by customer is allowed.
2. Dinsol.com will provide, and Customer will purchase and
pay for, the Services, and service fees specified in the Order for the applicable
Service Description. Customer acknowledges that the service, and service fees
have been communicated to the customer, and that they are aware of all applicable
charges as per contract, AUP, SLA, and TOS. Customer also understands that any
promotional offers unless specified in contractual terms will not be applicable
to their individual service.
3. In connection with any Hosting Services, if Customer’s
actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s
contract, Customer will pay Dinsol.com any additional fees as specified in
the Service Description.
Payment:
Establishment of this service is contingent upon receipt of payment from Customer
to Dinsol.com. Subsequent payments are due on the anniversary date of the
month for that month’s service, unless customer requests all monthly payments
to be consolidated to one specific billing date. Any additional services relative
to a primary hosting account, will be prorated to the primary hosting account’s
monthly recurring billing date, along the following guidelines of prorating
methodology: (total monthly fees/ 30) * number of days to monthly recurring
billing cycle. Any setup fees will be charged full setup fee pricing, and are
applied at time of initial request of such services.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month.
Credit cards that are declined for any reason are subject to a $10.00 declination
fee. Service will be interrupted on accounts that reach 10 days past due. Service
interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts
not paid by due date are subject to a $7.95 late fee. Accounts that are not
collectable by Dinsol.com will be turned over to an outside 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 Fifty($50.00)
nor more than One Hundred, Fifty($150.00)
Delinquent Accounts:
Dinsol.com may temporarily deny service or terminate this Agreement upon
failure of Customer to pay charges when due. Such termination or denial will
not relieve Customer of responsibility for the payment of all accrued service
fees, or any collection fees.
Account Cancellation:
All requests for canceling any service / services must be made in writing with
at least 30 days notice but not more than 60 days prior written notice and emailed
to sales[at]dinsol.com. Confirmation Receipt of cancellation will be sent within
24 hours of our normal cancellation department hours of 9AM to 5PM EST Monday
- Friday
Refunds and Disputes:
All payments to Dinsol.com are nonrefundable. This includes any setup fees
and monthly fees regardless of usage. All billing disputes must be reported
within 30 days of the time the dispute occurred. Disputed charges to your credit
card issuer, also known as chargebacks, in Dinsol.com’s discretion
which is valid, under the terms and conditions of our SLA, AUP, and TOS, will
result in service interruption, and reconnection fees to restore the desired
service.
Dinsol.com
- Service Level Agreement(SLA)
Dedicated Servers is defined as servers that are rented to
Clients. This service is to provide the clients with knowledge and overview
of the server. From time to time security updates, patches, kernel upgrades,
and System Administration may be performed free of charge. In addition
to these services System Administrator may make recommendations to improve the
overall performance, security, and updates to the service. At the sole
discretion of the System Administrator any installation, configuration, or tuning
of the server may be considered billable, and you will be notified and requested
to approve any additional charges. Any Support not included with your dedicated
server, will be subject to a $100 an hour labor fee, billed in ½ hour
increments during office hours between 8:00am – 10:00pm (EST) After-hours
support will incur a $200.00 an hour labor fee, billed in ½ increments
in effect from 10:01pm – 7:59am (EST) Dinsol.com will not perform maintenance,
security checks, or management without client initiating such request. Dinsol.com
does not take responsibility for the overall security of servers.
Network
Uptime is the total time in a calendar month that Dinsol.com
network is available through the Internet, provided that Client has established
connectivity. Dinsol.com takes responsibility Network
availability within their network, however, we cannot be held liable for upstream
problems, outside of our network. Our guarantee is that our Network will
be available to clients free of Network Outages, rendering 100% packet
loss 99.9% of each calendar month.
Network
Outages or Unscheduled downtime is any unplanned or
unscheduled interruption in Service availability during which Client is unable
to access the services as described in the section titled “Network Uptime”
above. A Network Outage is defined as a period in which 100% packet loss
to our network is experienced, which is determined to have been caused by a
problem in Dinsol.com’s Network as confirmed by Dinsol.com.
Downtime or outages are measured as the total length of time of the unplanned
interruption in service availability in a calendar month.
Scheduled Downtime
is any Dinsol.com scheduled interruption of Services, for
the purpose of network upgrades, or replacement of any equipment in order to
provide for you better service. Scheduled downtime occurs during notified
downtime periods, with as much advance warning as possible via e-mail with a
minimum of 24 hours notice.
SLA Network Violation Credit occurs when our network uptime
guarantee is not met. Dinsol.com will refund the customer
5% of the monthly fee for each hour of downtime (up to 100% of your monthly
fee) for network downtime. Network downtime is measured from the time the network
is 100% unreachable, until service is once again restored. In order to
request a performance credit, you must email us within
10 days of reported violation at: sales[at]dinsol.com
. SLA violations will be reviewed by our personnel Monday – Friday
9AM to 5PM EST. *Network violation SLA credit does not cover server hardware
failure.*
· Performance Credit exclusions:
The following are excluded from the monthly calculation of Service Availability:
· Scheduled
downtime
· Problems
outside of Dinsol.com’s network (upstream providers, or client’s
inbound connection) not effecting 100% loss to our network
· Interruptions
or failure of individual service caused by client, their employees, client’s
customers, etc. to their service. These include inaccurate configuration,
3rd party software, client abuse or over utilization of resources, hacked servers,
attacks, exploits, or server hardware failures.
Server Hardware
for Dedicated, or Co-Located Servers
Hardware
is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other
related hardware included for Dedicated Servers, and switches for Co-Located Servers,
unless client provides their own switch.
Hardware replacement will occur within 6 hours of the reported
problem, Dinsol.com will refund 5% of the monthly fee per additional 6 hours
of down time (up to 100% of customer's monthly fee). In order to reduce replacement
hardware downtime, we keep a small quantity of pre-built systems on hand to swap
out Hard disks, so that your server can be back up in the shortest amount of time.
For Hard disk failures, we keep pre-installed drives with our standard partitioning
for immediate deployment. In order to request an SLA hardware violation credit,
you must email sales, within 10 days of reported violation, at: servers@dinsol.com
. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM
EST. *Hardware SLA violations do not cover network violation*
·
Performance Credit exclusions: The following are excluded from the monthly calculation
of Service Availability:
· Scheduled downtime
· Interruptions or failure of individual
service caused by client, their employees, client’s customers, etc. to their
service. These include inaccurate configuration, 3rd party software, client abuse
or over utilization of resources, hacked servers, attacks, exploits, or server
hardware failures.
Replacement is defined as returning the server to original configuration when
it was purchased. If hardware failure causes corrupted Operating System, Data
Files, or Configuration of server, Dinsol.com will restore
the system to original state.
Dinsol.com is not responsible for the restoration of data to server. We strongly
recommend that your purchase backup options for your server, and keep copies of
your data off-site with you for emergency purposes. If hardware failure and data
loss occurs, you the client are responsible for data restoration. Dinsol.com
shall not be liable for loss of data under any circumstance.
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