Account Management System

Terms of Service

 July 25, 2019     0 Comments

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 subscriber rents.

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.

  1. 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.
  2. Port 25

    Port 25 is closed and not-available for use for any reason whatsoever for security purposes.
  3. Payment and Taxes

    Establishment of this service is dependent upon receipt by DCTS Solutions Hosting Provider Rental Agreement and payment of stated charges.
    1. 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 Colorado. 
  4. 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.
  5. 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.
  6. 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.

b. Exclusions:

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.

  1. 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 charges.
  2. Default and Notifications
    1. 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 prior.

      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.
  3. 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  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.
  4. 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.
  5. 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 or injury.
  6. 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 Agreement.
  7. 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 Phone requests are not accepted.
  8. 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.
  9. Privacy Policy

    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 shared computer.

    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 privacy.
  10. 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.
  11. 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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