Neodock Terms And Conditions / Terms of Service

Effective December 15, 2022

Changes made on December 15, 2022

• Hosting of unmoderated forums, message boards or commenting systems is now prohibited.
• Hosting of unauthenticated file upload is now prohibited.

Purpose

These Terms of Service ("TOS") are a binding contract between you or the entity that you executed this agreement on behalf of ("you", "your") and Neodock ("Neodock", "we", "us", "our"). By contacting us, browsing our web sites, or using or purchasing our products or services ("Services"), you agree to abide by the Terms of Service and Privacy Policy in force at the time. These TOS may be modified at any time, and by continuing to contact, do business with, or consume Services from Neodock, you agree to be bound to the current TOS.

Customers

While Neodock provides Services that facilitate your communications and business on the Internet, we disclose that we only have control of the Services we provide directly, and are not financially or legally responsible for your actions, the actions of third parties, or the actions of individuals or entities that use your products or services as provided by our Services ("End-Users").

Services

Neodock provides a number of products and services, which are collectively referred to as Services in this agreement. Regardless of payment or discount, any Service you request or allow to be provided by Neodock is included in this TOS. Each and every Service provided to you by Neodock are subject to our TOS and Privacy Policy. Services where Neodock refers you to a third party may contain additional or different Terms of Service that will apply to you. We will use reasonable efforts to inform you via electronic communications (e-mail) if we are able to identify a situation where a third party's Terms change while we are delivering a combined Service to you.

Terms that apply to all Hosting Services

• Our hosting accounts are allocated an amount of bandwidth/transfer based upon the Service that you select. The bandwidth/transfer that is purchased is applicable for one month and does not accumulate or roll over. In the event that your Service consumes more bandwidth than is allocated, your Service may be paused or suspended until the next billing cycle, your Service may be slowed or throttled to reduce utilization, you may opt to pay a one-time charge to increase the bandwidth/transfer that is allocated to your account, or you may pay a prorated charge to upgrade your Service to a higher tier allowing for additional transfer. Neodock reserves the right to throttle any Service that is regularly consuming more than 10mbit of bandwidth/transfer without notice or recourse to you.
• While using our hosting Services, you agree to not place excessive burden on our CPU, Memory, Storage, Network or other resources, including our Help Desk. You understand that bandwidth/transfer, rated capacity, connection speed, and server/system performance are maximum numbers, and consistently reaching these values may result in our need to place restrictions on your use of Services, including but not limited to throttling, suspension or termination of Services by our sole discretion.
• While using our Help Desk or support services, you understand that support is provided on a first-come, first-served basis and is subject to the limitations and concurrency of Neodock's resources. Neodock will make any reasonable efforts to correct issues and restore service at our sole discretion. You agree that you will not, by comparison to other similar customers, use an excessive amount of our Help Desk or support services.

Terms that apply to specific Hosting Services

• For any unmanaged service (Virtual Private Servers / VPS), you are responsible for providing the firewalls, software, configuration, hardening and security necessary to protect your Services. You are also responsible for patching, malware remediation, backup, recovery and maintenance within your virtual private server.
• For any managed (Shared Hosting) or unmanaged (Virtual Private Servers / VPS) Service where you are granted administrative or root access, you acknowledge that you are solely accountable and responsible for any changes you make to your Service, and that Neodock may not be able to correct, revert or undo any changes, recover data, or reverse any damage to your Services. We will use any reasonable efforts, at a billed rate of no less than $45 USD per hour upon your written request to assist in resolving an issue with your Services caused by a change you made.
• Shared Hosting accounts are by their design and nature shared resources with other customers. You may not request your shared Service to be moved to another resource for any reason. Neodock, at our sole discretion, will move, allocate, provision, migrate or change your Service in an attempt to maintain availability or for any other reason.
• Any Service that includes backups or snapshots to be taken are intended for disaster recovery only. Backups, snapshots, archives and other recovery files should be downloaded and stored off server if they are intended to be used for long term archival or for record keeping. Neodock will not commit to retaining or storing backups for longer than the interval until the next time a backup is taken, although we reserve the right to do so.
• Neodock's e-mail hosting services, through Shared or VPS hosting, do not provide any guarantee that e-mail messages will be received or delivered successfully. E-mail is a collaborative service among many individual ISPs, server administrators and network administrators, and failure to deliver or receive an e-mail can be impacted by many factors outside of your or Neodock's control.

Access

You agree to not have physical or complete access to any server or device where you utilize Services from Neodock. You understand that the physical resources that your Services are provided from may be shared with other customers, may be used in any way by Neodock or their affiliates, and are not exclusive to you. You will not take any actions, make any configurations, change any settings, or install any programs, settings, utilities or other products to limit Neodock's access to our equipment.

Neodock may authenticate, administer, monitor, view or otherwise use any data within any Service for any reason at Neodock's discretion at any time, with or without notice to you.

Eligibility

By signing up to receive any Services from Neodock, you certify that you are legally authorized to enter into an agreement with Neodock, as determined by the laws of the United States, the state of Pennsylvania, the township of Swatara, and any other applicable regulatory bodies.

At all times while using Services provided by Neodock, you agree to provide Neodock with current contact and billing information, and to reasonably notify us when changes are made that affect Neodock's ability to contact you, invoice you or bill you for Services.

You agree that Neodock may contact you via any of the contact information that you provide, including e-mail, SMS, telephone call, US Mail or other reasonable means, for the purpose of providing updates, information or other communications about your account or Services.

You agree that Neodock has permission to access your account, Services, data and other assets as part of our Services and may use this for the purposes of monitoring, troubleshooting, or improving performance of our Services. You also agree that we can conduct automated or manual scans of any data stored within our services and may quarantine, change permissions, or delete any code, files or other assets that are detected or perceived to be malicious in nature.

Billing and Payment

Neodock is not bound to provide Services to you until we receive payment from you when you check out through our web store, your information is validated, and we can successfully process your order ("Effective Date"). We will begin delivery of your Service(s) on the Effective Date for one term, typically one month. If the page describing the Service does not specify the term, the term is one month.

Any Service between you and Neodock will automatically renew for the same duration and at the same established cost. All Service agreements with Neodock automatically rebill on the 7th day of each month via credit card. If you wish to discontinue any Services, you must notify Neodock via a support ticket no less than 7 days before the next billing cycle.

Either you or Neodock may terminate the Service effective at the beginning of the next renewal term for any reason by providing 7 days of notice via an e-mail or support ticket. You are asked to contact us if your cancellation is due to unsatisfactory services and to give us a chance to resolve the issue(s) prior to the termination of services if possible.

Neodock reserves the right to interrupt, suspend, cancel, terminate or purge any Service, without notice, if any of the following are true:

• You violate the terms of services, our privacy policy, or your customer responsibilities
• You have a past-due balance for greater than 10 business days from the time that Neodock or Square send you a notice to the e-mail address on file that you have missed a payment
• We are directed to terminate your Service by a law enforcement body or regulatory agency with authority to do so
• We are directed to terminate your Service by one of our upstream ISPs, other partners or affiliates

Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, Neodock will have no responsibility to: forward email, DNS, or any other communications or to maintain any data that predates the termination or cancellation date.

If allowed by the TOS, you are encouraged at your expense to keep one or more Services active during any customer requested transition period if you wish to be able to forward your e-mail, recover backups or transition any other parts of your Service to a new provider.

Unacceptable and Prohibited Uses of our Services

The following listing represents a partial and not comprehensive list of uses that are not permitted on Neodock's Services. Neodock reserves the right to amend this list at any time and to declare any use of our Services as prohibited or unacceptable at our sole discretion:

• Any Unsolicited Commercial or Non-Commercial E-mail (SPAM) - Any sending of undesired or unwanted e-mail messages using Neodock's Services is forbidden
• Any content that is not covered under fair use or that you do not own, have copyright, can obtain or have the rights to publish or share
• Any content that is fraudulent, of a fraudulent nature, or could be construed as fraudulent
• Any content that could be perceived as harmful to minors or directly could be attributed to harming minors in its existence or production, including child pornography
• Any anonymous or open (unauthenticated) mail, SMS or other communications relay, proxy or anonymizer
• Any IRC or IRCd sites, scripts or related content
• Any proxy, web or otherwise
• Any content advocating, promoting or condoning violence against humans, animals or other beings, fictitious or factual
• Any advertising schemes, including toplinks, top20, banner exchanges, link exchanges or other web solicitation
• Any chain letters, claims of lottery, gambling, betting, or other activities related to games of chance
• Any broadcast, storage, or retransmission of television, movies, streaming content (YouTube, etc.) or any live or recorded sporting events, including but not limited to NHL, NFL, NBA, NCAA, UFC, NASCAR, FIFA, MLB, or WWE
• Any cryptocurrency mining, trading, exchanges or pooling, including Bitcoin, Ethereum or others
• Any unmoderated social media, forums, commenting systems or other engagement services
• Any solution or services that allow an unauthenticated user to change files on the server file system or to upload any files or content
• Any impersonating another user or otherwise falsifying a user's name or likeness in e-mail, posts, content or any other service
• Any network activity that could disrupt, control, overtake, prioritize, deprioritize, interfere or otherwise disrupt any other network traffic
• Any Warez, Roms, Emulators, CD Keys, "cracks", passwords, serial numbers, Internet viruses, worms, malware or trojan horses, any content related to engaging in denial of service attacks, or hosting content that is intended to assist others in defeating copyright or fair use
• Any content that otherwise enables, documents, or could be determined to explain, enable or justify illegal, malicious or unethical activities

If you believe that any Neodock customer is posting content that or is otherwise using Neodock's Services in a way that violates our prohibited uses please contact us at [email protected] immediately.

Other Legal Terms

You agree to, except as specified otherwise in these Terms of Service, hold Neodock harmless as well as our affiliates, partners, affiliated companies, and each of their respective owners, directors, officers, employees and agents ("indemnified party", "indemnified parties") from and against any and all claims, damages, losses, suits, liabilities, costs, actions, demands, legal or administrative processing, and expenses, including reasonable attorney's fees threatened or asserted, or filed by you, any third party caused by any use of the Services, any of your data, and any consequences of your use of the Services or extensions thereof. The terms of this indemnity shall survive termination any agreement or Services between you, Neodock, and any of the other idemnified parties.