of Service (TOS)
IMPORTANT NOTICE: *All Payments To 10 Dollar Hosting Are
10 Dollar Hosting ("The Company" or "TDH") agrees to furnish services to
the Subscriber, subject to the following TOS (Terms of Service).
Use of TDH Service constitutes acceptance and agreement to TDH's AUP
as well as TDH's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of TDH and
(Acceptable Use Policy).
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
of Alberta, city of Calgary applicable to contracts enforceable in that
Province. Venue will be Calgary, Alberta.
Note: Pornography and sex-related merchandising are prohibited on any 10
Dollar Hosting server EXCEPT those on servers that have clearly stated
that such content is allowed upon signing up. This includes sites that may
infer sexual content, or links to adult content elsewhere. This is also
true for sites that promote any illegal activity or content that may be
damaging to 10 Dollar Hosting servers or any other server on the internet.
Links to such materials are also prohibited. All IRC related activities
are strictly prohibited and can be cause for immediate account
Disclosure to Law
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 TDH shall have the right to terminate all service set forth in
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
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. The above
applies to all accounts and services provided by TDH.
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 10
days past due. Service interrupted for nonpayment is subject to a $10.00
reconnect charge. Accounts not paid by due date are subject to a $5.00
late fee. Accounts that are not collectable by TDH 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 $20 nor more than $150. If you desire
to cancel your account, please follow the proper procedure to do this as
outlined in this TOS.
All payments to TDH 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
TDH's sole discretion is a valid charge under the provisions of the TOS
and/or AUP, you agree to pay TDH an "Administrative Fee" of not
less than $20 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
Request for termination of user accounts can be made through the TDH
Customer Control Panel. Termination requests received will take effect
immediately, that means you're not required to pay for web hosting plan
fee for that month, if termination request is received after the fee
charged in that month, which is not refundable, that means starting from
following month you'll not be charged for web hosting fee. Subscription
fees for additional services such as added space and bandwidth transfer
will be charged for the entire month regardless of whether the request
for their termination is received prior to the effecting of the said
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.
Payment made for domain registration will not be refundable in all
cases, including those that involve mistakes committed by any persons,
TDH staff or not, at any stage of the domain registration process. A
confirmation e-mail will be sent to registrants within 24 hours of the
submission of the domain name purchase order.
New webhosting accounts which involve the transfer of a domain from
another provider to TDH 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.
TDH provides email based technical support to our subscribers year round
(except for few holidays). We limit our technical support to our area of
expertise. The following is our guidelines when providing support: TDH
provides support related to your services or virtual site physical
functioning. TDH does not offer tech support for application specific
issues such as cgi programming, html or any other such issue. TDH does
not provide technical support for DNS changes, unless such services have
been retained and paid for by TDH.
Unsolicited Commercial Email (UCE):
TDH 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 TDH may not use or permit others to use our network to
transact in UCE. Customers of TDH 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
TDH's SPAM policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, TDH will initiate an
immediate investigation (within 48 hours of notification). During the
investigation, TDH may restrict customer access to the network to
prevent further violations. If a customer is found to be in violation
of our SPAM policy, TDH may, at its sole discretion, restrict, suspend
or terminate customer's account. Further, TDH reserves the right to
pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. TDH will notify law enforcement
officials if the violation is believed to be a criminal offense.
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 TDH personnel must
spend to investigate the matter. PLEASE, DO NOT SPAM from your
BEGINNING IMMEDIATELY, 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 services immediately
disabled. The services will not be enabled 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 of the account
from our network without notice to the customer. Any account guilty of a
second violation WILL be immediately and permanently removed from
our network without notice.
If TDH assigns Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address shall belong only
to TDH, and Customer shall have no right to use that Internet Protocol
address except as permitted by TDH in its sole discretion in
connection with the Services, during the term of this Agreement. TDH
shall maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by TDH, and TDH
reserves the right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute discretion.
Any customer caught using an IP address that has not been assigned to
them agrees to pay a $25 fee. The domain caught using the offending IP
address can be disabled or deleted at the discretion of TDH.
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"). TDH will monitor Customer's
bandwidth and disk usage. TDH 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 TDH's
sole and absolute discretion. If TDH 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, TDH may, at its sole discretion,
collect a deposit, in an amount determined by TDH, against customer's
credit card on file with TDH.
Users are prohibited from violating or attempting to violate the
security of the TDH Network. Violations of system or network security
may result in civil or criminal liability. TDH 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
not intended for such User or logging into a server or account,
which such User is not authorized to access.
probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper
interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
action in order to obtain services to which such User is not
TDH is under no
duty to look at each customer's or user's activities to determine if a
violation of the
has occurred, nor do we assume any responsibility through our AUP
to monitor or police Internet- related activities.
Any User, which TDH 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 TDH's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further violations.
Violation: Users that TDH 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
Service or Cancellation:
TDH reserves the right to suspend network access to any customer if in
the judgment of the TDH network administrators the customer's account is
the source or target of the violation of any of the other terms of the
or for any other reason which TDH 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 account was suspended. The customer will also not be
credited for any fees if their account has been terminated.
TDH reserves the
right to amend its policies at any time. All resellers of TDH 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
TDH wishes to emphasize that in agreeing to the TDH
and Terms of Service (TOS), customer indemnifies TDH for any violation
Acceptable Use Policy (AUP)
and Terms of Service (TOS) that results in loss to TDH or the bringing
of any claim against TDH by any third-party. This means that if TDH is
sued because of a customer's or a customer of a customer's activity, the
customer will pay any damages awarded against TDH, plus all costs and
You must provide us with, and keep current, good contact information for
you. E-mail, telephone and fax contacts are used, in that order of
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
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
TDH takes no
responsibility for any material input by others and not posted to the
TDH Network by TDH. TDH is not responsible for the content of any
other websites linked to the TDH Network; links are provided as
Internet navigation tools only. TDH 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.
TDH is not
responsible for any damages your business may suffer. TDH does not
make implied or written warranties for any of our services. TDH 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 including equipment failure.
Responsibility for Content:
You, as TDH's customer, are solely responsible for the content stored on
and served by your account.