Acceptable Use Policy

This document applies to all web site hosting accounts.

drmcduff.com Acceptable Use Policy (the “Policy”) for drmcduff.com IP Products and Services is designed to help protect drmcduff.com, our customers and the Internet community in general from irresponsible or, in some cases, illegal activities.

The policy provisions contained herein are incorporated by reference into drmcduff.com’s Terms of Service which are provided to all customers prior to the commencement of service.  Customers agree that a violation of any of the provisions of this document constitutes sufficient cause for immediate termination of service without further obligation on the part of drmcduff.com. Non-profit and religious organizations are bound by these terms the same as all drmcduff.com customers are.

drmcduff.com’s network resources are made available to the Internet community on a fee-for-service basis with certain restrictions.  Each restrictive regulation is designed to protect the infrastructure of the Internet as a whole, drmcduff.com in particular, and authorized users of the drmcduff.com network and the Internet at large.

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Accounts and Billing

Transferability – An drmcduff.com account does not extend to any other person, corporation, or entity.  An account is nontransferable.  Login names and passwords are not to be shared with outside parties.

Payment – The preferred method of payment is automatic debiting of credit cards or debit cards.  E-mail billing is also available as is paper billing.  Billing is available in 1, 3, 6 or 12 month intervals.  All mail billing accounts are due on the 15th of the month.

Checks returned for non sufficient funds or for whatever reason will result in a $35.00 handling charge.  Credit cards which are declined because of inadequate credit availability will result in a $35.00 handling charge.  Pre-payments are non refundable.  drmcduff.com reserves the right to suspend your account at anytime for declined transactions.

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Non-Payment Of Accounts – Accounts 5 days past due are notified by email and subject to suspension and late fees.  Accounts 30 days overdue are subject to termination without further notice.  If payment is made within 48 hours of termination, a reinstate fee of $20.00 will apply.  drmcduff.com has the right to suspend services at anytime.

Refunds or Cancellations – Since we offer 30 day free trial, no refunds are issued.  You may cancel at anytime by going to the account removal form before your 30 days expire.  Please have your account username, password, and domain name on record as this information will be required to cancel the account.  All accounts ordered will be charged after the 30 day trail period.  It’s also the billing and admin contact’s responsibility to keep your domain name(s) renewed with your registrar before they expire, and or inform us that you will not be renewing the domain and to have us stop billing your account.  All account cancellations must use this form.

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Bandwidth – Even though we offer unlimited data transfer, we do not have unlimited bandwidth.  We do meter your traffic.  If we find a web site getting extreme amounts of traffic (over 25kbs or 5GB a day).  You will need to move your domain to a dedicated server.  We can assist you in the transfer to your own machine.  Please look at our dedicated server packages here.  You agree if it becomes necessary to prevent and allow us to break any external links that become a burden on our network until other arrangements can be made.  drmcduff.com customers who try to bypass bandwidth measures will be terminated without notice.

Security – Any attempt to violate the security, stability, integrity of any drmcduff.com server is strictly prohibited.  The customer is responsible for any and all files contained in (and under) his/her directory.  Customers shall not, nor shall they permit or assist others to abuse or fraudulently use drmcduff.com IP Products and Services, including but not limited to the following:

1.  The sending or facilitation of the sending of unsolicited commercial email (spamming), bulk email, opt-out email, or any type of commercial email other than verifiable, confirmed opt-in email is strictly prohibited.  Any opt-in list must be developed by the sender alone, as through the means of checkboxes on electronic shopping cart forms, must, prior to the sending of any commercial message, be confirmed by email to and from the email address provided on such form by the requesting party, which confirming email must utilize a unique key stored in a database and must be retained with all header information for an indefinite period of time as proof of such confirmation and made available at the request of drmcduff.com for the purpose of verification.  Such opt-in list may not be purchased or otherwise obtained except as described above, may not be sold, and may not be developed through unsolicited emailing, which is never permitted.  The posting of commercial messages to any newsgroup or discussion forum not chartered or organized for that specific purpose is similarly prohibited.

2.  The harvesting of email addresses from any location by means of any robot or software program launched (or selling of such software, spamware) from drmcduff.com network or any other network, or the use, for any mailing of any nature whatsoever, of email addresses harvested in such manner is strictly prohibited. Smart-Autoresponders are not allowed.

3.  The hosting of any web site or other content in any form intended to be intentionally or unintentionally retrieved or viewed by any recipient of any email sent in violation of the spirit or letter of the terms of provisions 1 or 2 above, whether sent from drmcduff.com network or any other network, is strictly prohibited.

4.  Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

5.  Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any customer or end users by any means or device.

6.  Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any customer or end users.

7.  Using drmcduff.com Products and Services to interfere with the use of the network by other customers or authorized users, or in violation of the law or in aid of any unlawful act.

8.  CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT’S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE SERVER PRODUCT(S) OR THE HOST SERVER(S).  ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, HACKING, CRACKING, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND HARMFUL MATERIALS OR USES.  CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVER ACCOUNT(S) OR HOST SERVER(S).

9.  Each drmcduff.com dedicated and/or colo-customer is responsible for the activities of its customers and other authorized users and by accepting the Terms of Service agrees to bind its customers and users to these policies.  Customers agree that any violation of one or more of these policy provisions will result in the retention by drmcduff.com, as liquidated damages, of any advance payment(s) and/or deposit(s) placed on the account at commencement of service.

10.  Any complaint that may be received regarding an drmcduff.com customer or its customers or users will be promptly forwarded to the drmcduff.com customer for resolution.  drmcduff.com customers are expected to terminate verified violators of these policies or face termination themselves.  This strict policy is for the protection of the network and the interests of drmcduff.com and its users.

11.  drmcduff.com customers should create and have their own data backup.  Even though we do create daily backups, we will not be held liable of missing data. Please see “Indemnity” below.

Newsletters (Spam Complaints) – Users may send newsletters by email to their subscription base as long as the subscription is confirmed opt-in.  User must retain the subscription request incase we ask for the confirmation against spam complaints.  If you cannot provide us with the confirmation, you cannot send any additional newsletters and are subject to being removed from our network.  If you need confirmed opt-in software, we suggest looking at Dada Mail.

Technical Support – The customer is responsible for a basic working knowledge of his/her operating system/interface.

Technical support representatives are not responsible for general computer support.  Any technical assistance given to the customer, outside the bounds of Internet service, is at the discretion of the representative.

Indemnity – The customer agrees to indemnify drmcduff.com against liability for any and all use of the customer’s account.

General – drmcduff.com reserves the right to refuse service to any person or company suspected of violating or which potentially may violate any of the above policies.  drmcduff.com reserves the right to modify this Policy at any time.