Terms Of Service
- Sudoly reserves the right to refuse service and / or access to its servers to anyone. Sudoly does not allow to host contents or links promoting any religion or sect. Following contents are also not allowed to host.
- This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
- – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Sudoly.
- – Includes pirated software, ROMS, emulators, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
- – Sudoly has zero tolerance for UBE/UCE (unsolicited bulk Email/unsolicited commercial Email). This policy protects our customers as well as the internet community from the negative effects of “spam” related activity. We defines UBE/UCE as unsolicited broadcast or commercial Email that is sent to addresses that do not affirmatively and certifiably request such material from that specific sender. We defines spam as any type of unsolicited Email used for any purpose. Any unsolicited Email being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited Email and other forms of spam. This includes, but is not limited to:
- Using a non-existent return Email address when sending commercial solicitations.
- Mail-bombing (sending numerous messages to the same user).
- Subscribing someone else to a mailing list without that person’s permission.
- Posting the same article to multiple newsgroups.
- Using another network to send spam that relates in any way to Sudoly or any site hosted by Sudoly (including your site).
- If a client is found in violation of the above no-spam policy, the offending account will be terminated without notice and no refund will be issued.
Email Usage Limits:
- There is a 50 outgoing Email hourly limit per domain. This limit is also applied towards MAILING Lists also. If you send over this amount in any hour, most of the Emails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending Email again.
CONTENT OF WEBSITES:
- All services provided by Sudoly may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Sudoly from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder or host any type of religious content will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please Emailsupport [at] Sudoly with the information required.Examples of unacceptable material on all Shared and Reseller servers include:
- Religious Sites (any type of religious content and uses texts or rituals of religion to ridicule or shock )
- Political Content
- Music, Songs and Copying of Pirated books, photographs, or any other copyrighted work
- Selling and promoting drugs, any type of medicines, alcohol or tobacco products.
- Running or promoting Lottery / Gambling Websites.
- Hacker focused sites/archives/programs or spreading any type of Viruses
- Sites promoting illegal activities
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Pirated Software/Warez
- Broadcast or Streaming of Live Sporting Events or TV Channels (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, ICC Events etc)
- Forums and/or websites that distribute or link to warez / pirated / illegal content
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- File Dump / Mirror Scripts (similar to rapidshare)
- Mail Bombers / SPAM Scripts
- Proxy Scripts / Anonymity
- IRC Scripts / Bots
- AutoSurf / PTC / PTS / PPC sites
- IP Scanners
- Bruteforce Programs / Applications / Scripts
- Banner-Ad services (Commercial banner AD rotation)
- Commercial Audio Streaming (more than one or two streams)
- Escrow / Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Pyramid Scheme)
- Bank Debentures / Bank Debenture Trading Programs.
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
HIGH RESOURCE USER POLICY
- Resources are defined as bandwidth and/or processor utilization. Sudoly may implement the following policy to its sole discretion: When a website is found to be monopolizing the resources available Sudoly reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
User may not:
- Use 50% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, ASP, .NET, HTTP, etc.
- Run cron entries & scheduled tasks with intervals of less than 20 minutes
- Run any MySQL or MS SQL queries longer than 15 seconds. Make databases tables should be indexed appropriately.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Participate in any file-sharing / peer-to-peer activities.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://www.yourdomainname.com/include.php“) use include(“include.php”)
- While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 50% of the server resources and / or 50% of the server’s CPU.
- This means that if your website is found to be utilizing more than 50% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
- Sudoly offers Free Backup Service to its shared and reseller web hosting clients. We Offer Monthly backups of our all shared hosting nodes with 1 month recovery point, so users can restore the backup of their data from previous month.
- If you are owner of a website hosted on Sudoly servers, we strongly advice you to keep your Daily Offsite backups. We do our backups, but our backups are for our own safety to insure data remain same, but our backups can fail or can be suspended temporarily. So in case of emergency, you can restore your own backups.
- For Shared Hosting, we advice you to download your backup copy daily to your personal computer or to some Offsite FTP Server.
- Account Suspension period of 3 days after Non-Payment. If your payment is due and you do not pay your dues, your account will be suspended after 3 days automatically. And in case of none payment, and your account remains suspended for 30 Days or More will be Terminated completely from our servers and no backups will be provided after 30 days period of account suspension.
- We strongly recommend all of our customers to take their own backups of website files, database & emails to ensure they have ready access to their data in a hardware failure event. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. We keep our customer Backups on a remote server but we do not guarantee of them being able to work. In some cases, backups taken can be corrupt. Any data loss during a hardware or raid failure is not responsibility of Sudoly or Sudoly Support Staff. Therefore, its the customers responsibility to have multiple copies of their website backup.
When the Services Will be Available?
- We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
- All accounts are set up on a prepay basis. Although Sudoly reserves the right to change prices of accounts or services at any time. Sudoly may charge its customers for 1 year while new rates would apply on them upon the updated rates. (This means they would need to pay extra to continue using the hosting services) Sudoly reserves the right to charge it’s customers automatically again at the end of their prepay period via Debit/Credit card payments and PayPal (Only if a PayPal subscription has been made).
- Sudoly bills on a monthly, semi annualy or yearly cycle, depending on what option and plan has been selected. Account and billing anniversary information will be sent to you after we have processed your order. Prompt payment is necessary to ensure uninterrupted service of your account.
- Sudoly Offers Free cPanel to cPanel migration to our all Managed VPS & Managed Dedicated Server Clients. Free Migrations can be requested via Client Portal => Support Section by Submitting Support Ticket. None cPanel or Manual Accounts Transferred are not available for Free. Admin Time Fee is applicable on manual Accounts Transfer, or all manual work for a VPS / Server is chargeable as $125/Hour.
- For Reseller Customers, we Migrate 25 to 30 Accounts Free of Cost, further accounts can be transferred for $1/Account.
- For Renewal, Sudoly must receive your order by the beginning of your billing period. All unpaid balances incurred during period of service by Sudoly are subject to collection. In addition, Sudoly reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
- No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. All payment is in US$.
Cancellation of Account
- Any request for cancellations must be received via Client Area you’ll receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email cancellations are not accepted.
- Submission of the cancellation form does not automatically complete the cancellation request- your account may be past due or delinquent in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to Sudoly’s services does not qualify an account for cancellation. Customers are urged to make sure that they receive a cancellation confirmation from Sudoly, indicating the closure of a domain and/or an account has been completed.
- All Shared Web Hosting plans include 30 day money back guarantee. If you are dissatisfied with our service and we are not able to provide what we promised, you will receive a full refund in case of shared web hosting service only.
- Any request for cancellation must be received via the Client Area, and you will receive a confirmation upon the cancellation of your account. No refunds are available after 30 days.
- There are no Refunds on Domain Names, VPS Servers, Dedicated Servers, Dedicated Server Items such as Control Panel, Windows Operating Systems etc.
Refunds are not Applicable on Following Items:-
- Dedicated Servers
- Dedicated Servers Related Items such as Extra IPs, Hard Drives, RAM Sticks, Cables, IPKVM/IPMI and all other related items.
- Control Panel and or Paid Operating System Licenses
- VPS Servers and Items
- SSL Certificates, Domains, Dedicated IPs and other related Paid stuff that we offer Free with our Services.
In case of Terms Violation
- Customer refund requests are to be sent via Client Area by submitting a ticket within 30 days from service purchase date and will only be processed in the cases of service non-performance or corruption that might be caused by Sudoly’s side, Refund requests will not be accepted if it’s requested for any cause that’s out of Sudoly’s side, For example:
- Failure of any third party programs that’s not supported by Sudoly’s.
- Customer’s lack of experience dealing with web basics and communication protocols.
- The term “you” shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you’ve established with Sudoly, whether or not the transactions were in your behalf.
- To complete the registration process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You acknowledge that Sudoly is a registrar bound by an agreement between Sudoly and the Internet Corporation for Assigned Names and Numbers (“ICANN”). You agree that Sudoly may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN.
- Customer agrees that it shall defend, indemnify, save and hold Sudoly harmless from all liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sudoly, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Sudoly against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with Sudoly’ server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from Sudoly’ server.
- Sudoly will not be responsible for any damages your business may suffer. Sudoly makes no warranties of any kind, expressed or implied for services we provide. Sudoly disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Sudoly and its employees. We strongly recommend all of our customers to do their own backups of website files, database & Emails to ensure they have ready access to their data in the event we should have a hardware failure. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. Sudoly reserves the right to update its policies at any time without any notice.
- Buy purchasing any shared web hosting and resellers web hosting plans, you authorize Sudoly staff’s to install LiteSpeed WordPress Cache plugin on your or your clients WordPress websites without any notice. LiteSpeed WordPress Cache plugins are installed on WordPress websites hosted on Sudoly servers to keep websites running faster and to reduce server CPU and RAM usage.
- You authorise Sudoly to purge the .trash folder in File manager every 7 days.
- In case your website has been hacked, or our firewalls detects a virus being uploaded, you agree to allow Sudoly server firewalls to suspend your website for security and investigation whenever a virus is detected. You also agree that, we may disable any function/feature on our servers for security without any notice.
- Sudoly also reserves the right to cancel your account within 24 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
- By using our services, you also authorize our staff to access your website databases, files, and emails for debugging or to solve any issues that you might be facing.
- By using Sudoly services you agree to the above terms of service as in effect from time to time.