Terms of Service

Revision date: Thursday, 6th December 2012

All services provided by Doctor Cloud Pty Ltd ("Doctor Cloud Pty Ltd") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Doctor Cloud Pty Ltd from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Doctor Cloud Pty Ltd' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated Software
  • Hacker Programs or Archives
  • Warez Sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Doctor Cloud Pty Ltd WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Doctor Cloud Pty Ltd is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Doctor Cloud Pty Ltd must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month, Doctor Cloud Pty Ltd shall either:

  • (1) debit the client's credit card (when such information has been provided by the client)
  • (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month.
When an invoice is delivered to the client, payment shall be remitted to Doctor Cloud Pty Ltd by no later than the specified payment due date. Doctor Cloud Pty Ltd shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by Doctor Cloud Pty Ltd to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Doctor Cloud Pty Ltd and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

Doctor Cloud Pty Ltd shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Doctor Cloud Pty Ltd ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Doctor Cloud Pty Ltd shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Doctor Cloud Pty Ltd ' servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to abuse@rackd.net. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Doctor Cloud Pty Ltd cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Doctor Cloud Pty Ltd are resold. Thus, certain equipment, routing, software and programming used by Doctor Cloud Pty Ltd are not directly owned or written by Doctor Cloud Pty Ltd. Moreover, Doctor Cloud Pty Ltd holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Doctor Cloud Pty Ltd sees fit.

Account Activation

By activating your account with Doctor Cloud Pty Ltd, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Doctor Cloud Pty Ltd guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime. Doctor Cloud Pty Ltd reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.