These Terms of Service (TOS) form
the integral part of the Server Rental Agreement and must be observed and
complied with by all of our subscribers, irrespective of the type of server
Use of DCTS Solutions Hosting constitutes
acceptance and agreement to SSD Shared Space's AUP (Acceptable Use Policy)
as well as these Terms of Service.
- Service Rates
Subscriber acknowledges that the nature of the Service (as defined in the
Server Rental Agreement) furnished and the initial rates and charges have
been communicated to Subscriber in the Server Rental Agreement. Subscriber
is aware that the Company may prospectively change the specified rates and
charges from time to time. Any 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.
- Port 25
Port 25 is closed and not-available for use for any reason whatsoever for
- Payment and Taxes
Establishment of this service is dependent upon receipt by DCTS Solutions
Hosting Provider Rental Agreement and payment of stated charges.
- Monthly Service
Subsequent payments are due on the first date of the month for that
month's service. All accounts and services provided by DCTS Solutions
Hosting are subject to the current tax rate as imposed by the state of
- Refund and Disputes
All payments to DCTS Solutions Hostingare non-refundable. This includes
the one time setup fee and subsequent charges regarding additional domains
or SSLs. All billing disputes must be reported within 30 days of the time
the dispute occurred. If you dispute a charge to your credit card issuer
that is proven to be a valid charge under the provisions of the TOS and/or
AUP, you agree to pay DCTS Solutions Hosting an "Administrative
Fee" of $100 USD.
- Proof of Card Ownership
Due to high volume of identity theft and use of stolen payment cards, the
Subscriber shall provide a valid photo identification to prove the
ownership of the payment card if Subscriber uses the on-line payment
system to pay for the Services. The Company keeps all private information
in accordance with the terms of section 15 below.
- Network Uptime Service Level Agreement (SLA)
a. The Company guarantees network uptime to be 99.9 - 100%. This guarantee
assures that all major routing devices within our network are reachable from
the global Internet 99.9 - 100% of the time.
1. Scheduled Network Maintenance -
occasionally network maintenance will be required. The Company will do
everything possible to minimize and avoid downtime during this maintenance.
Subscriber will receive prior notification of upcoming maintenance on all
social media outlets for public viewing and record keeping. Scheduled
maintenance periods are not eligible for SLA credits.
2. Hardware Maintenance - on rare
occasions, the hardware in our dedicated servers may need maintenance or
replacement. The Company will do everything possible to minimize any downtime
in these situations per our hardware replacement SLA. Any downtime incurred as
a result of this maintenance will not be counted towards our network SLA.
3. Software Maintenance - an
important part of managing our dedicated servers is keeping the software up to
date. We do aim to keep our software such cPanel, softaculous and other various
functions updated for quality, security and over reassurance our hosting
environment is kept running smoothly. Usually there is very little or no
downtime in these situations, but the Company cannot guarantee a specific
amount of time in all situations. If for any reason that an update requires a
reboot, we will aim to reboot at midnight or shortly after MST time.
4. Malicious Attacks - if a third
party not associated with you our client initiates a "Denial of
Service" DDOS Attack or other form of disabling attack against our
dedicated servers or major portions of our network, then we will do everything
in its power to stop the attack but cannot guarantee a resolution time.
5. Legal Actions - In the case that
a legal action is taken against a customer of our company and we are required
to act in accordance with the order, our company shall not be responsible for
any SLA damages.
c. Remedy: In the event that
our company does not meet this SLA, our clients become eligible to request
compensation for downtime reported by service monitoring logs. If we are or not
directly responsible for causing the downtime, you the customer will receive a
credit for 12 times the actual amount of downtime. This means that if
you the customer’s website is unreachable for 30 minutes, you will receive 2
hours of credit.
All requests for compensation must
be received within 2 business days of the incident in question. The amount of
compensation may not exceed the customer’s monthly recurring charge. This SLA
does not apply for any month that you the customer has been in breach of the
Company’s Terms of Service or if the account is in default of payment.
- Failure to Pay
Our company may temporarily deny service or terminate the Server Rental
Agreement in accordance with section 5 above upon the failure of you the
client to pay charges when due. Such termination or denial will not
relieve you the client of responsibility for the payment of all accrued
- Default and Notifications
- Monthly Service
i. Once a bill is 2 days overdue, DCTS Solutions Hosting will send to you
the client a first Notification. Once a bill is 4 days overdue, DCTS
Solutions Hosting will send to you the client a Second Notification and
service will enter into a 'suspended state'. In the 'suspended state'
client data will not be in jeopardy. Once a bill is 9 days overdue, DCTS
Solutions Hosting will send to you the client a Final Notification and
Services will be terminated. This includes all remote offsite backups as
well. No copies will be provided or any access given without payment
ii. Once a Final Notification is sent and Services are terminated, all
the client’s data located on our servers will be automatically deleted.
Backups as well for the life of the account.
iii. If a Subscriber has received the Final Notification with regards to
any hosting account registered in such the client’s name and services
were terminated in accordance with section 8.1.ii, all other servers that
are registered in the name of such the client will enter into a
‘suspended state’ immediately on the payment date if the monthly payment
has not been received by DCTS Solutions Hosting and Services will be
terminated with all the client’s data located at such on our servers
deleted once the monthly payment is 3 days overdue.
iv. You the client will not be terminated or charged the late fee if the
default is cleared prior to the Final Notification issued.
- Account Cancellation
All requests for cancelling accounts must be made in writing 14 calendar
days prior to the desired cancellation date to our billing team’s email
firstname.lastname@example.org. Phone requests are not accepted and will be
advised to submit a request via email or billing system. DCTS Solutions
Hosting has the right to reclaim the account access upon expiration of 14
calendar days from the receipt of the cancellation notice sent via email
or billing system.
- Termination due to Limited Technical Capacity
The Company may at any time deny service or terminate the Server Rental
Agreement if it does not have required technical capacity to perform the
service. Such termination or denial will not relieve Subscriber of
responsibility for the payment of all accrued charges. All payments made
but unused by Subscriber due to the termination in accordance with this
section will be refunded by the Company to Subscriber.
- Limited Liability
The Subscriber acknowledges that the Service provided is of such 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, the 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. The 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 the
Subscriber for services during the period damages occurred. In no event
shall the company be liable for any special or consequential damages, loss
- Disclosure to Law Enforcement
The AUP specifically prohibits the use of our Service for illegal
activities. Therefore, the Subscriber agrees that the Company may disclose
any and all Subscriber information including assigned IP numbers, account
history, account use, etc. to Colorado law enforcement agents without
consent or notification to the Subscriber. DCTS Solutions Hosting will not
disclose subscriber information to any third party or international agency
unless a Colorado court order is obtained. In addition, DCTS Solutions
Hosting shall have the right to terminate all service set forth in this
- Support Boundaries
DCTS Solutions Hosting provides 24x7 technical support to our subscribers.
We limit our technical support to our area of expertise.
DCTS Solutions Hosting provides support only related to your hosting’s
physical functioning. DCTS Solutions Hosting does not offer technical
support for application specific issues such as CGI programming, HTML or
any other such issue. DCTS Solutions Hosting does provide technical
support for subscribers’ customers but with limited hours and may occur a
fee if requiring constant assistance.
All requests for support must be emailed to the Company at email@example.com.
Phone requests are not accepted.
- Inbound/Outbound DDoS Attacks
DDoS is an acronym for Distributed Denial of Service Attack, which is a
type of denial of service attack in which an attacker uses malicious code
installed on various computers to attack a single target. An attacker may
use this method to have a greater effect on the target than is possible
with a single attacking machine. As a user of our Services, you are
ultimately responsible for making sure that your account is secured, and
that no root kits or viruses are on your server.
Upon notification of an alleged DDoS, whether subscriber’s server has
become the victim of a DDoS Attack or subscriber is deliberately
performing the DDoS, DCTS Solutions Hosting may initiate an immediate
investigation. During the investigation, DCTS Solutions Hosting may
restrict subscriber’s access to the network to prevent further violations.
If a subscriber is found to be in violation of our DDoS policy, DCTS
Solutions Hosting may, at its sole discretion, restrict, suspend or
terminate such subscriber's account.
As all our subscribers are ultimately responsible for the actions of their
clients over the DCTS Solutions Hosting network, it is advisable that each
subscriber develops a similar, or stricter, policy for their clients.
We receive and store subscribers’ private information. The information you
provide and that is collected is used to fulfil your specific request.
Information about our customers is an important part of our business, and
we are not in the business of selling it to others.
We work to protect the security of your information during transmission by
using Secure Sockets Layer (SSL) software, which encrypts information you
input. We reveal only the last four digits of your credit card numbers
when confirming an order. Of course, we transmit the entire credit card
number to the appropriate credit card company during order processing. It
is important for you to protect against unauthorized access to your
password and to your computer. Be sure to sign off when finished using a
We may be asked to share collected information with governmental agencies
or other companies assisting us in the event of fraud prevention or
investigation. We may do so when: (1) permitted or required by law; or,
(2) trying to protect against or prevent actual or potential fraud or
unauthorized transactions; or, (3) investigating fraud which has already
taken place. The information is never provided to these companies for
marketing purposes. Your personally identifiable information is kept
secure and encrypted during the type of transmission. Only authorized
employees, agents and contractors have access to this information. Please
contact us if you have any questions or concerns about our website's
- Revisions To This TOS
DCTS Solutions Hosting reserves the right to revise, amend, or modify this
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 emailed to each Subscriber at the email provided to the Company.
- Contact Info
Each subscriber must provide DCTS Solutions Hosting with valid e-mail,
fax, and telephone contacts where the subscriber can be reached for all
notifications, complaints, news and promotions.
You the client has read this Terms
of Service and agrees with its terms.
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