Call Now: (877) UNIXDEV
Terms & Conditions

We take the privacy of visitors and customers very seriously, and have the utmost respect for the details you entrust to us.
To keep your details safe, we enforce the following principles:
No personal information other than that submitted to us by you online through our contact us or enquiry forms will be stored. We only use the information to contact visitors who have indicated they may like to do business with us.
The personal information you submit is used by use to provide a higher level of customer service and products to you.
Your information is not passed to any third party, paid or otherwise we use it only to contact you and provide you with the service you require.

Sensitive information relating to monetary matters, such as credit card details, are not stored by us.

We may disclose personal information collected from you if we are required to do so by law, in response to a court order or subpoena for example. Such information may also be released in response to a specific request from a law enforcement agency.

If you have any questions about this privacy statement or when we may disclose your information you can contact us.

Terms of Service & Acceptable Usages.

IMPORTANT NOTICE: *All payments made to Unixdev, LLC/UDShells.com, are Non-Refundable, In less otherwise stated by the staff of Unixdev, LLC or in the following:


Unixdev, LLC (also referred to as 'the Company', 'UDShells.com', and 'Unixdev Hosting Solutions' in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Unixdev, LLC Service constitutes acceptance and agreement to Unixdev, LLC's AUP as well as Unixdev, LLC's TOS policy (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Unixdev, LLC, and AUP (acceptable use policy). The TOS and AUP may be changed at any time at the discretion of the Company. Subscriber understands that changes in policy by the Company 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 Ohio and/or federal laws of The United States Goverment.

1. Disclosure:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, 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 makes a written request without further consent or notification to the Subscriber. In addition Unixdev, LLC 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. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

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. Subscriber agrees that The Company automatically charges subscriber's credit card every month. Unixdev, LLC reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.

4. Payments and Fees:
Credit cards that are declined for any reason are subject to a $2.00 declination fee. Service will be interrupted on accounts that reach 4 days past due, with late fee charge added of $3.99. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by Unixdev, LLC may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $60 nor more than $200. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund and Disputes:
All payments to Unixdev, LLC, are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Unixdev, LLC' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Unixdev, LLC an "Administrative Fee" of not less than $60 and not more than $200.

6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due and/or apply late fees. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees and/or late fees.

7. Account Cancellation:
All requests for canceling accounts must be made via http://www.udshells.com/portal or emailed directly to billing@udshells.com with at least 5-6 days before the next invoice due date. You must have all account information to cancel, and have no past bills.

8. Service Disruptions:
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted in all reality at anytime, for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, losses, or injury.

9. Support Boundaries:
Unixdev, LLC, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) All servers housed at our facilities are unmanaged, UDShells.com only ensures that the server is online and is remotely accessible.. Unixdev, LLC does not have to offer tech support for application specific issues, such as cgi programming, html or any other such issues. Unixdev, LLC does not provide technical support for YOUR customers. If you can email, we encourage you to email support@udshells.com for assistance at anytime though, or visit http://www.udshells.com/support

10. SPAM and Unsolicited Commercial Email (UCE):
Unixdev, LLC 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 Unixdev, LLC may not use or permit others to use our network to transact in UCE. Customers of Unixdev, LLC 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 termination of service.

A.Violation of Unixdev, LLC's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Unixdev, LLC will initiate an immediate investigation (within 48 hours of notification). During the investigation, Unixdev, LLC may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Unixdev, LLC may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Unixdev, LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Unixdev, LLC will notify law enforcement officials if the violation is believed to be a criminal offense.
B.First violations of this policy will result in an "Administrative Fee" of $300 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of up to $700 and immediate termination of your account, depending on service. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $199.99 per hour that Unixdev, LLC personnel must spend to investigate the matter. So PLEASE, DO NOT SPAM from your account.
C.As our Customers are ultimately responsible for there own actions and of their clients over the Unixdev, LLC network, it is advisable that Customers develop a similar, or stricter, policy for their clients!

IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases or Permanent BANs on ANY other networks will have their server immediately removed from our network, no exceptions. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed, and so forth. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer, and without refund. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice and without refund.

11. Network

A.IP Address Ownership: If Unixdev, LLC assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Unixdev, LLC, and Customer shall have no right to use that Internet Protocol address except as permitted by Unixdev, LLC in its sole discretion in connection with the Services, during the term of this Agreement. Unixdev, LLC shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Unixdev, LLC, and Unixdev, LLC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client.
B.Bandwidth Usage. Unixdev, LLC will monitor Customer's bandwidth. Unixdev, LLC shall have the right to take corrective action if Customer's usage negatively impacts other clients.
C.System and Network Security: Users are prohibited from violating or attempting to violate the security of the Unixdev, LLC Network. Violations of system or network security may result in civil or criminal liability. Unixdev, LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
I.Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
II.Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
III.Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing", "exploiting", "remote scanning" or "crashing".
IV.Forging and/or "Spoofing" any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
V.Taking any action in order to obtain services to which such User is not entitled to.

12. Notification of Violation:

A.Unixdev, LLC is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
B.First violation: Any User, which Unixdev, LLC determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Unixdev, LLC's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
C.Second Violation: Users that Unixdev, LLC determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
D.We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as it is feasible.

13. Suspension of Service or Cancellation:
Unixdev, LLC reserves the right to suspend network access to any customer if in the judgment of the Unixdev, LLC network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Unixdev, LLC 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.

14. Changes in Policy
Unixdev, LLC reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of Unixdev, LLC 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 even stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

15. Indemnification:
Unixdev, LLC wishes to emphasize that in agreeing to the Unixdev, LLC Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Unixdev, LLC for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in losses to Unixdev, LLC or the bringing of any claim against Unixdev, LLC by any third-party. This means that if Unixdev, LLC is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Unixdev, LLC, plus all costs and attorney's fees.

16. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A.A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
B.Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
C.Unixdev, LLC takes no responsibility for any material input by others and not posted to the Unixdev, LLC Network by Unixdev, LLC. Unixdev, LLC is not responsible for the content of any other websites linked to the Unixdev, LLC Network; links are provided as Internet navigation tools only. Unixdev, LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
D.Unixdev, LLC is not responsible for any damages your business may suffer. Unixdev, LLC does not make implied or written warranties for any of our services. Unixdev, LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Unixdev, LLC.

17. Responsibility for Content:
You, as Unixdev, LLC's customer, are solely responsible for the content stored on and served by your Unixdev Hosting Solutions Server.

18. Colocation Liability
Unixdev, LLC assumes zero liability for colocated hardware, including, but not limited to, lost or damaged equipment. Additionally, the customer assumes full liability for maintaining insurance on their own hardware in colocation with UDShells.com.

19. 100Mbit Shared Unmetered service plan - explained
B. Each server is connected via private (non-shared) 100Mbit port which runs to a switch on a gigE uplink with our bandwidth providers. Bandwidth supplied by our 100MBit unmetered plan is NOT dedicated. Servers on 100Mbit unmetered plan can expect an average of 1500GB-3000GB/monthly throughput on outbound transfer (from the server to the internet) and up to 20TB/monthly throughput on inbound transfer (from the internet to the server).

20. Bandwidth usage abuse
A. Unixdev, LLC. will never charge its clients overage fees or terminate service due to an abuse of the supplied "shared unmetered plan" bandwidth. The staff of UDShells.com and that of the venue pro-actively monitor backbone utilization in order to ensure that bandwidth resources are shared in a manner that UDShells.com feels is just. Unixdev, LLC has no objections against burstable usage of the 100Mbit port to it's full potential at times, however customers that have sustained usage of 10Mbit outbound transfer or more may be asked to upgrade to a dedicated bandwidth plan and/or may have their port capped to 10Mbit or lower in order to preserve the performance of other machines.


Customer Service, On Demand.

We specialize in Customer Satisfaction and have a certified technical support team to back you up. Contact us with your questions or problems, Toll Free 24x7. We'll be glad to assist you!