SoladDrive Terms of Service

Terms of Service (TOS)

This Web Hosting Agreement ("Agreement") is between SolaDrive ("SolaDrive"), and the person (individual or legal person) whose signs SolaDrive's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of SolaDrive's Web hosting service.

PLEASE READ THIS AGREEMENT CAREFULLY.

BY AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY ON THE ACCOUNT SIGNUP FORM, SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY, AND OUR PRIVACY POLICY.

Table of Contents

  1. Services
  2. Term
  3. Payments
  4. Law/AUP
  5. Customer Information
  6. Indemnification
  7. Disclaimer of Warranties
  8. Limitation of Damages
  9. Suspension/Termination of Services
  10. Cancellations and Money Back Guarantee
  11. Requests for Customer Information
  12. Back Up Copy
  13. Changes to the SolaDrive Network
  14. Notices
  15. Force Majeure
  16. Miscellaneous
  17. Right to Refusal With Out Cause
  18. Governing Law
  19. Late Fees

1. Services

Subject to the terms of this Agreement, and contingent on Customer's satisfaction of SolaDrive's credit approval requirements, SolaDrive agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that SolaDrive generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of month(s) stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless SolaDrive or Customer provides the other with written notice of non-renewal at least five (5) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. Payments

Fees are payable in advance from five (5) days prior to the beginning of, to the first day of a new billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. SolaDrive may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes SolaDrive to bill subsequent fees to the credit/debit card up to 5 days prior to, on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise SolaDrive will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees will be issued five (5) days prior to the 1st day of each billing cycle, and the fees shall be due on the first day of the new billing cycle.

Payments must be made in United States dollars. Customer is responsible for providing SolaDrive with changes to billing information (such as credit card expiration, change in billing address) At its option, SolaDrive may accrue charges to be made to a credit/debit card until such charges exceed $10.00. SolaDrive may charge interest on overdue amounts at the lesser of 10% per month or the maximum non-usurious rate under applicable law. SolaDrive may suspend the service without notice if payment for the service is overdue. Fees not disputed within fifteen (15) days of due date are conclusively deemed accurate. Customer agrees to pay SolaDrive's reasonable reinstatement fee following a suspension of service for non-payment, and to pay SolaDrive's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

2Checkout.com, Inc. is an authorized retailer of SolaDrive.com

a. Fee Increases

SolaDrive may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least thirty (30) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

b. Taxes

At SolaDrive's request Customer shall remit to SolaDrive all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on SolaDrive), regardless of whether SolaDrive fails to collect the tax at the time the related services are provided.

c. Early Termination

Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event SolaDrive terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for SolaDrive's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

4. Law/AUP

Customer agrees to use the service in compliance with applicable law and SolaDrive's Acceptable Usage Policy posted at http://www.SolaDrive.com /terms.html (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that SolaDrive may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of SolaDrive's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with SolaDrive's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between SolaDrive and Customer regarding the interpretation of the AUP, SolaDrive's commercially reasonable interpretation of the AUP shall govern.

5. Customer Information

Customer represents and warrants to SolaDrive that the information he, she or it has provided and will provide to SolaDrive for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to SolaDrive that he or she is at least 18 years of age. SolaDrive may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contact.

6. Indemnification

Customer agrees to indemnify and hold harmless SolaDrive, SolaDrive's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

7. Disclaimer of Warranties

SolaDrive DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW SolaDrive DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

8. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF SolaDrive AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

9. Suspension/Termination

a. Suspension of Service

Customer agrees that SolaDrive may suspend services to Customer without notice and without liability if: (i) SolaDrive reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) SolaDrive reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay SolaDrive's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. It remains the sole discretion of SolaDrive if an account is eligible for reinstatement.

b. Termination

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if SolaDrive fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by SolaDrive prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within ten (10) days of a written notice from SolaDrive describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10. Cancellations and Money Back Guarantee.

a. Cancellations

Customer is free to cancel their account at any time by logging into their control panel and canceling under their service page. Similarly, SolaDrive reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement as defined in the above section "Suspension/Termination".

Dedicated server customers are required to submit service cancellations requests at least 30 days prior to its next monthly billing cycle.

b. Money Back Guarantee

If an account with a thirty (30) day money-back guarantee is purchased and canceled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, licenses, or any fees for additional services that are purchased in the first thirty (30) days.

The money back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. SolaDrive reserves the right to determine the definition of first-time accounts. If you cancel your account after the first thirty days have passed, or after your account is renewed then we will not be able to issue any refunds. Please note: upgrades to hosting service, domain registration, transfer and SSL certificates, or any additional licenses are non-refundable.

No refund will be honored on Dedicated servers, the 30 day money back guarantee does not apply unless we are unable to provide the dedicated server due to it not being in stock.

11. Requests for Customer Information

Customer agrees that SolaDrive may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that SolaDrive believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

12. Back Up and Data Loss

Customer agrees to maintain a current copy of all content hosted by SolaDrive notwithstanding any agreement by SolaDrive to provide back up services unless a backup service is purchases with us. We are not held responsible for any data loss or financial loss as outlined in section "Limitation of Damages".

13. Changes to the SolaDrive Network

Upgrades and other changes in SolaDrive's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. SolaDrive reserves the right to change its network in its commercially reasonable discretion, and SolaDrive shall not be liable for any resulting harm to Customer.

14. Notices

Notices to SolaDrive under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.SolaDrive.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

15. Force Majeure

SolaDrive shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond SolaDrive's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

16. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on SolaDrive unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without SolaDrive's prior written consent. SolaDrive's approval for assignment is contingent on the assignee meeting SolaDrive's credit approval criteria. SolaDrive may assign the Agreement in whole or in part.

17. Right to Refusal With Out Cause

SolaDrive may refuse to accept any customer or any website for participation in the SolaDrive hosting network as determined by SolaDrive at its sole discretion.

18. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy, these Terms of Use shall be governed by and construed in accordance with the federal law of the United States and the state law of New Hampshire, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of these Terms of Use shall be brought in the state or federal courts of Rockingham, New Hampshire and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non-convenes with respect to) jurisdiction and venue in the state and federal courts of Rockingham, New Hampshire. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Use.

19. Late Fees

a. LATE FEES: HOSTING & SERVERS

Any invoice that is marked as late will be charged with a 10% late fee 3 days after a payment is due. If payment is still not received after 15 days of invoice due date we remove the service from our servers and network.

b. OTHER FEES

Charge Back Fee: $50.00

Customer and SolaDrive.com agree that the actual damages to SolaDrive.com resulting from late payment by Customer would be impractical and difficult to determine, and that the above described late fees and charges represent a reasonable and bargained for estimate of those damages at the time this contract is signed.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.

Collection and Use of Personal Information

We collect the following personal information from you:

  1. Contact Information such as name, email address, mailing address, phone number
  2. Billing Information such as credit card number, and billing address

As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to:

  1. Fulfill your order
  2. Send you an order confirmation
  3. Send you requested product or service information
  4. Send product updates or warranty information
  5. Respond to customer service requests
  6. Administer your account
  7. Send you marketing communications
  8. Improve our Web site and marketing efforts
  9. Respond to your questions and concerns

Information Obtained from Third Parties

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Disclosure to Third Parties

We will share your information with third parties only in the ways that are described in this privacy statement.

We may provide your personal information to companies that provide services to help us with our business activities such as offering customer service or fixing an issue you may have. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may disclose your personal information

  1. As required by law, such as to comply with a subpoena, or similar legal process
  2. When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
  3. If SolaDrive is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information to any other third party with your prior consent to do so.

PayPal

If you choose to use PayPal to finalize and pay for your order, you will provide your credit card number, directly to PayPal. PayPal's privacy policy will apply to the information you provide on the PayPal Web site.

Tracking Technologies

We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site. For example, we will know how many users access a specific area or features within our site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at our help desk or email us at support@soladrive.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, you can login to your control panel with us and edit your information. If we find issues with the changes, you will be notified by the email on file.

Acceptable Use Policy

This Acceptable Use Policy governs the use of SolaDrive's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and SolaDrive regarding the interpretation of this AUP, SolaDrive's interpretation, in its reasonable commercial judgment, shall govern.

Table of Contents

  1. Offensive Content
  2. Examples of unacceptable material
  3. Internet Relay Chat (IRC)
  4. Security
  5. Bulk Commercial E-Mail
  6. Unsolicited E-Mail
  7. Material Protected by Copyright
  8. Copyright Infringement Notice
  9. Other
  10. Disclaimer
  11. Internet Abuse

SolaDrive may refuse to accept any customer or any website for participation in the SolaDrive hosting network as determined by SolaDrive at its sole discretion. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Offensive Content

You may not publish or transmit via SolaDrive's service any content that SolaDrive reasonably believes:

  • constitutes child pornography;
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person's privacy;
  • creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person's trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to SolaDrive; or
  • is otherwise malicious, fraudulent, or may result in retaliation against SolaDrive by offended viewers.

Content "published or transmitted" via SolaDrive's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by SolaDrive.

Examples of unacceptable material

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities

Internet Relay Chat (IRC)

Use of Internet Relay Chat on any of our shared or dedicated servers is explicitly forbidden. This includes, but is not limited to, running any clients, bots, redirection services (proxys), or servers, of any kind.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain SolaDrive's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to SolaDrive's reasonable satisfaction:

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and SolaDrive's requests to produce consent evidence within 72 hours of receipt of the request.
  • The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at abuse@**yourdomain.com**."
  • You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
  • You must post an abuse@**yourdomain.com** e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints;
  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
  • You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your SolaDrive service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your SolaDrive service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

SolaDrive may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your SolaDrive's services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • you are otherwise permitted by established United States copyright law to copy the work in that manner.

SolaDrive will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the SolaDrive network, please send your written notice of copyright infringement to: abuse@SolaDrive.com

 

Your notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SolaDrive to locate the material;
  • Information reasonably sufficient to permit SolaDrive to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the SolaDrive network.

You agree that when communicating with our staff, all communication will be void of profanity and/or abusive demeanor.

Disclaimer

SolaDrive is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the SolaDrive network.

Inquiries regarding this policy should be directed to abuse@SolaDrive.com.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to SolaDrive and its customers) without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the SolaDrive's network and/or services.
  • Use of SolaDrive's network and/or systems in a way that unreasonably interferes with SolaDrive's other customers use of the same resources.

Refund & Billing Policy

Table of Contents

  1. Package Renewal
  2. Payment
  3. Upgrades and Downgrades
  4. Cancellation
  5. Money Back Guarantee
  6. Billing Errors
  7. Chargebacks/Payment Reversals

Package Renewal

All services are automatically renewed on their renewal date after the initial term. The next renewal dates are included in every invoice. All service renewals will be invoiced 7 days before their renewal date unless other arrangements have been made or a cancellation request has been filed before . Cancellation requests must be received up to seven days prior to the next package renewal date in order to not be automatically billed for the next renewal period. Domain renewals are processed at least 30 days before the domain expiration date. Requests to cancel a domain registration must be submitted 30 days before the domain expiration date. Once an invoice is generated and paid, a domain renewal cannot be cancelled or refund issued.

Payment

All charges are shown in US dollars. Payments must be made in US dollars and drawn from an institution we accept. Exchange rates vary and are determined by the issuing financial institution. We accept payment via Visa, MasterCard, Discover, American Express, PayPal, check or money order. When choosing a credit card as the primary method of payment, the customer gives consent to SolaDrive to charge the indicated card on the due date of any invoices on the account. It is the customer's responsibility to keep all credit card and contact information current. If you do not wish to be billed automatically then you need to ensure you de-select the subscription option when checking out.

Payment is due on the renewal due date of the invoice. Accounts that have any invoices that are more than 3 days overdue will be marked as overdue and a 10% charge will be subjected to your invoice. If payment is still not received after 5 days your service will be suspended unless prior arrangements have been made. Accounts that have invoices over 15 days overdue will be subject to termination. All data in these accounts will be removed from our servers and will be permanently lost.

In the event that the customer does not pay for services provided, SolaDrive may assign unpaid late fees to a collection agency for retrieval. The customer agrees to reimburse SolaDrive for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses if legal action is necessary to collect payment on balances due. Returned or bounced checks will incur a $25.00 fee per instance.

Upgrades and Downgrades

Upgrades become effective only after payment for the package upgrade cost or difference is paid. In the event of a downgrade, a pro-rated credit for unused time will be issued to your account. Refunds will not be issued.

Cancellation

If there is an issue with your account or support, we'd be happy to resolve any questions or concerns you may have and are always going far up and beyond to ensure we keep you a satisfied and happy customer. Customer is free to cancel their account at any time by logging into their control panel and canceling under their service page. Similarly, SolaDrive reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of the Agreement as defined in section "Suspension/Termination" on our TOS page.

Dedicated server customers are required to submit service cancellations requests at least 30 days prior to its next monthly billing cycle. No refunds or credits are given on dedicated servers. The only time we will issue a refund is in the event we are unable to provide the server ordered due to physically being out of stock for an extensive period of time.

30 Day Money Back Guarantee

If an account with a thirty (30) day money-back guarantee is purchased and canceled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, licenses, or any fees for additional services that are purchased in the first thirty (30) days.

The money back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. SolaDrive reserves the right to determine the definition of first-time accounts. If you cancel your account after the first thirty days have passed, or after your account is renewed then we will not be able to issue any refunds. Please note: upgrades to hosting service, domain registration, transfer and SSL certificates, or any additional licenses are non-refundable.

No refund will be honored on Dedicated servers, the 30 day money back guarantee does not apply.

Billing Errors

If you discover an error on your invoice please notify us as soon as possible by either calling or submitting a ticket to our Billing Department at https://soladrive.com/support/. We will honor invoice errors as long as we are notified of them within 60 days. If more than 60 days have elapsed we may decline the refund request. If a refund is in order it will go onto your account as a service credit to be used on a future invoice.

Chargebacks/Payment Reversals

Charge Back Fee: $50.00

  • Customer and SolaDrive.com agree that the actual damages to SolaDrive.com resulting from late payment by Customer would be impractical and difficult to determine, and that the above described late fees and charges represent a reasonable and bargained for estimate of those damages at the time this contract is agreed to. SolaDrive may reject the future use of credit cards from an account for which a chargeback has been previously issued. Upon receipt of a chargeback or credit card or PayPal payment reversal, the account related to the payment may be suspended.

Service-level Agreement

Table of Contents

  1. 100% Network Uptime
  2. 99.9% Server Uptime Guarantee
  3. 2 Hour Hardware Replacement

 

 

100% Network Uptime

For both our VPS and dedicated servers, we offer a 100% uptime guarantee for the network you are connected to. This means that if for some reason your server suffers packet loss or loss of connectivity we will compensate you for the level of downtime based on the table below. Please keep in mind that DOS/DDOS attacks are instances where you are responsible for the incidence of downtime and as such, you do not qualify to be credited.


  • 100% uptime -- Guaranteed
  • 99.9% - 99.5% uptime -- 5% credit
  • 99.5% - 99% uptime -- 10% credit
  • 99% - 98% uptime -- 15% credit
  • 98% - 95% uptime -- 25% credit
  • Less than 95% uptime -- 100% credit

 

 

99.9% Server Uptime Guarantee

We are very confident of the level of uptime and service we provide that we offer a 99.9% uptime guarantee for all VPS. Should your uptime for the month fall below that, we will provide you with a pro-rated credit to your account.

Please note that this guarantee applies only to unscheduled outages. Occasional planned server/network maintenance may be necessary. In all but the most urgent cases, we will send out an email notifying customers of the maintenance to be performed. This guarantee also applies only to the network for dedicated servers as we cannot directly control the uptime of the client end servers themselves.


  • 100% - 99.9% uptime -- Guaranteed
  • 99.9% - 99.5% uptime -- 5% credit
  • 99.5% - 99% uptime -- 10% credit
  • 99% - 98% uptime -- 15% credit
  • 98% - 95% uptime -- 25% credit
  • Less than 95% uptime -- 100% credit

 

 

2 Hour Hardware Replacement

We provide a strict 2 hour or less hardware replacement SLA from the time we identify if the issue is due to defective hardware. If it takes longer than our guaranteed 2 hours, we provide discounted credit to your account which has specified below.

 

2 Hours Or Less -- Guaranteed

  • 2 - 3 Hours -- 5% credit
  • 3 - 4 Hours -- 10% credit
  • 4 - 6 Hours -- 15% credit
  • 6 - 12 Hours -- 25% credit
  • More Than 24 Hours -- 100% credit

 

 

 

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