Underdog Software, LLC, "The Company", "Underdog Hosting", "Underdog Software", or "UDSW"
agrees to furnish services to the Subscriber, subject to the following Terms of Service:
Use of the services provided by UDSW constitutes acceptance and agreement to this Terms of Service.
Subscriber understands that changes to the Terms of Service by UDSW shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of Maryland, and applicable to contracts enforceable in that state. The venue will be Prince George's Country, Maryland.
1. Disclosure to Law Enforcement: The Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who furnishes UDSW with a legal warrant without further consent or notification to the Subscriber. In addition Underdog Hosting shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 20 days past due. Service
interrupted for nonpayment is subject to a reconnect charge. Accounts not paid by due date are subject to a $35 late fee.
5. Refund and Disputes: All payments to Underdog Software, LLC are non refundable subject to the 30 day Money back guarantee. All other charges are nonrefundable. Domain charges are nonrefundable. Account renewals are nonrefundable. All overcharges or billing disputes must be
reported within 60 days of the time the dispute occurred.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any
collection fees.
7. Account Cancellation: All requests for canceling accounts must be made at least 30 days prior to renewal, but not more than 60 days prior written notice and emailed to UDSW at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You must have all account information to cancel. You will be responsible for the current billing month.
8. Subscriber acknowledges that the service provided is of such a 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, 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. 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 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.
9. Transfer of Domains: New accounts which involve the transfer of a domain from another provider to UDSW will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (30) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer
may take. If the transfer of the domain is done by UDSW on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
10. Support Boundaries: UDSW provides technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: UDSW provides support related to your site's physical functioning. UDSW does not offer tech support for application specific issues such as programming, html, embedded web applications, scripts or any other such issue unless arrangements have been made beforehand. UDSW does not provide technical support for YOUR customers.
11. SPAM and Unsolicited Commercial Email (UCE): UDSW takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of UDSW may not use or permit others to use our network to send SPAM. Customers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including immediate termination of service.
12. Suspension of Service or Cancellation: UDSW reserves the right to suspend network access to any customer if in the judgment of the network administrators the customer's site is the source or target of the violation of any of the other terms of the AUP or for any other reason which Underdog Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
13. Underdog Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed websites of UDSW must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in
your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
14. Indemnification: UDSW wishes to emphasize that in agreeing to this Terms of Service, customer indemnifies UDSW for any violation of the Terms of Service (TOS) that results in loss to UDSW or the bringing of any claim against UDSW by any third-party. This means that if UDSW is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against UDSW, plus all costs and attorney's fees.
15. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you, including E-mail (preferably outside our network), telephone and billing addresses.
16. Responsibility for Content: You, as UDSW's customer, are solely responsible for the content stored on and served by your website.
17. REVISIONS TO THIS TERMS OF SERVICE: UDSW reserves the right to revise, amend, or modify this 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 posted on our website.
Revised 11/05/08