Terms of Service
DediFrag Servers ( The Company) agrees to furnish services to the subscriber, subject to the following TOS ( Terms of Service).Use of the DediFrag Servers Service constitutes acceptance and agreement to DediFrag Servers AUP as well as DediFrag Servers ( Terms of Service).
All provisions of this contract are subject to the TOS ( Terms of Service) of DediFrag Servers. 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.
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 DediFrag Servers 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.
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 DediFrag Servers.
Payments and Fees:
Service will be interrupted on accounts that reach 5 days past their due date. Service interrupted for nonpayment is subject to a £25 reconnect charge. Accounts not paid by due date are subject to a £10 late fee. Accounts that are not collectable by DediFrag Servers 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 £40 nor more than £100. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes:
All services are non-refundable 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.
Compensation Due To Loss Of Service Or Downtime
DediFrag servers will do everything in our power to ensure 24/7 uptime during your contract period. However we will not be held responsible for periods of downtime or loss of service due to third party services. We reserve all rights to deny compensation claims due to loss of earnings and services.
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 cancelling accounts must be made in writing with at least 2 weeks notice but not more than 30 days prior notice. Cancellations can be made via letter to our head office. Accidental cancellations will be subject to a £25 re-activation fee.
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.
Support Boundaries:
DediFrag Servers, provides technical support to our subscribers at all times. We limit our technical support to our area of expertise. The following is our guidelines when providing support: DediFrag Servers provides support related to your server or virtual site physical functioning. DediFrag Servers does not offer tech support for application specific issues such as installation of custom programs, cgi programming, html or any other such issue. Our servers are un-managed however we will help you as much as we can with any issues.
Spam:
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. Users found to be conducting mass mailing will be fined an additional £300. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
IRC:
IRC activity linked to any major IRC network is forbidden within our services.
Complaints:
Any activity that results in an abuse complaint will result in inmediate de-activation of the server. User agrees to allow access to the server to the DediFrag Servers staff so that they can verify what the root of the problem is. Any installed software found, which sole purpose is to scan ports, spider e-mail addresses, abuse proxies, or any other activity which resulted in the complaint, will be reason for immediate account cancellation.
Network
IP Address Ownership:
If DediFrag Servers assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to DediFrag Servers, and Customer shall have no right to use that Internet Protocol address except as permitted by DediFrag Servers in its sole discretion in connection with the Services, during the term of this Agreement. DediFrag Servers shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by DediFrag Servers, and DediFrag Servers 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.
Data Transfer Limited
The customer agrees that data transfer limits shall not exceed the number of gigabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). DediFrag Servers will monitor Customer's data transfer. DediFrag Servers shall have the right to take corrective action if Customer's data transfer 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 DediFrag Servers sole and absolute discretion. If DediFrag Servers 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, DediFrag Servers may, at its sole discretion, collect a deposit, in an amount determined by DediFrag Servers, against customer's credit card on file with DediFrag Servers.
Gaming Bandwidth/Unlimited: Any Bandwidth used from running only solo gaming servers only off of the dedicated machine. No websites, hosting or ftp usage is permitted. This service is limited to acceptance of the terms and conditions stated here.
Multi Purpose Usage/300gb (per month): Bandwidth useable for any purpose including Hosting web sites and ftp’s. This service is limited to acceptance of the terms and conditions stated in this document.
System and Network Security:
Users are prohibited from violating or attempting to violate the security of the DediFrag Servers Network. Violations of system or network security may result in civil or criminal liability. DediFrag Servers 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.
DediFrag Servers reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of DediFrag Servers 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:
DediFrag Servers wishes to emphasize that in agreeing to the DediFrag Servers Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies DediFrag Servers for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to DediFrag Servers or the bringing of any claim against DediFrag Servers by any third-party. This means that if DediFrag Servers is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against DediFrag Servers, 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.
DediFrag Servers takes no responsibility for any material input by others and not posted to the DediFrag Servers Network by DediFrag Servers. DediFrag Servers is not responsible for the content of any other websites linked to the DediFrag Servers Network; links are provided as Internet navigation tools only. DediFrag Servers 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.
DediFrag Servers is not responsible for any damages your business may suffer. DediFrag Servers does not make implied or written warranties for any of our services. DediFrag Servers 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 DediFrag Servers.
Responsability for Content:
You, as DediFrag Servers customer, are solely responsible for the content stored on and served by your DediFrag Servers hardware.=
Acceptable Usage Policy
Anyone using DediFrag Servers Services will need to comply with this Acceptable Use Policy ( AUP). DediFrag Servers may alter this policy whenever we deems it necessary. Any changes will made clear by being posted on the DediFrag Servers Network Updates Page at the following URL: http://www.DediFrag.com and it will be the User’s responsibility to ensure that they are fully aware of these changes.
We support freedom of speech and transmission as long as the contents are legal. We will pursue any claims brought to our attention for illegal content (Including but not limited to Piracy, illegal mp3s, child-pornography, etc.). Any content we deem inappropriate might be reason for account suspension or cancellation without prior notice. When possible, we will try and give advance notice.
You may not use your dedicated server to publish material, which DediFrag Servers determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at support@DediFrag.com
DediFrag Servers reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harassment:
Use of the DediFrag Servers service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent Activity:
Use of DediFrag Servers service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
SPAM:
Use of the DediFrag Servers service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending DediFrag Servers account pending verification of it's origination.
Unauthorized Access:
Use of DediFrag Servers to access or attempt to access other's accounts, or to penetrate or even attempt to penetrate security measures of our own, or other entity, is absolutely prohibited. This would also be grounds for immediate suspension or termination.
Third Party Accountability:
DediFrag Servers subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.