Terms of Service
On-demand dedicated servers that offer predictable performance for your most intensive workloads.
Terms of Service
Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Dedicated.com's Acceptable Use Policy (.AUP.), including SPAM, and all disconnect and reconnect fees associated with violations. Dedicated.com does not harden or enable additional server security software outside of operating system defaults.
The following terms constitute an agreement between you and US Dedicated LLC (“Dedicated.com”). These Terms of Service govern your use of the services provided by Dedicated.com (the “Services”).
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Clark County, Washington any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
Dedicated.com agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Dedicated.com reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Dedicated.com.
Changes to Terms of Service and AUP
Dedicated.com's Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Dedicated.com. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Services interrupted for non-payment may be subject to a $25 late fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Dedicated.com. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. Dedicated.com is not responsible for data integrity, regardless of circumstance. Dedicated.com strongly recommends keeping up to date and off network backups to protect against data loss.
No Services rendered by Dedicated.com are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to Dedicated.com within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by Dedicated.com, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an ‘Administrative Fee’ of $200 in addition to original amount of funds which were reclaimed.
In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. At which time, a termination fee of $50 will be applied to the account which must be paid within 15 days to avoid full account suspension. Dedicated.com assumes no liability for the integrity of the data stored on a suspended server.
Dedicated.com requires a seven (7) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A seven (7) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within seven (7) days, the server will still be canceled however a termination fee of $50 will be applied to the account and must be paid within 15 days to avoid full account suspension.
Early Termination of Contract (if applicable)
If you have signed a longer term contract to reduce pricing - Dedicated.com requires a seven (7) day notice of early termination of contract prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. There will be an early termination fee to be determined by management in order to cancel the contract early. Fiber Circuits, Office Space, and Full-Cabinet Colocation are exempt to this policy and there is no option for early contract termation.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Dedicated.com. All information available to Dedicated.com about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.
Disclaimers of Liability; Indemnification
WE PROVIDE THE SERVICES .AS IS., .WITH ALL FAULTS. AND .AS AVAILABLE.. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A LOS ANGELES DEDICATED, INC. REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFILLIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Dedicated.com provides hardware support related to each direct client’s service functioning. Dedicated.com does not offer software support of any kind. Dedicated.com does not provide software support/troubleshooting for the software items chosen from the order form. Dedicated.com only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. Dedicated.com is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by Dedicated.com or the client. Dedicated.com may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system (.OS.) reload per billing cycle; each additional OS reload is $50 per reload. Installation of an unsupported OS is subject to the prior approval of Dedicated.com and to a $50 fee. Dedicated.com does not provide any type of support to the clients of our clients (third party clients). Dedicated.com will only provide support directly to clients of Dedicated.com.
Abuse/Spam/Bulk Email Policy
Dedicated.com reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
The following actions will be taken on a case-by-case basis:
- An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
- If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
- Habitual neglect of abuse occurring on a client’s server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.
Dedicated.com reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, Dedicated.com reserves the right to issue a fine of $200 and immediately terminate the service.
Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client’s server are a result of the server’s security being compromised, our abuse department will offer the following options:
- At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
- Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
- If Operating System reinstallation is not accepted as an option, Dedicated.com may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
- Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.
If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide Dedicated.com with an explanation via Dedicated.com’s ticketing system within 10 days of the abuse ticket being opened.
Dedicated.com handles any and all Digital Millennium Copyright Act (.DMCA.) complaints very seriously, and will thoroughly investigate each complaint received. Dedicated.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
The following actions will be taken on a case-by-case basis:
- A ticket is opened as a warning, providing 48 hours to resolve the situation.
- After 72 hours with no resolution, services on the server in question will be suspended.
- After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of $200 will be placed on the account. All client data will be destroyed immediately after the cancellation date.
Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay .Research Fees’ not to exceed $50 per hour that Dedicated.com personnel must spend to investigate the matter, to be charged only if claims are found to be valid.
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.05 (five cents) over the allotted bandwidth on the service. Dedicated.com reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. Dedicated.com is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.
Suspect Network Abuse
Dedicated.com provides many high transfer allocation limits as well as unmetered connections. Accounts with servers that are found to be abusing the network with acts including, but not limited to: reflection and other flood attacks, 90% port saturation in one or both directions over extended time periods, or traffic found to be interfering with other services, will find their port speed initially restricted while an investigation is completed. Results of the investigation will include any of the following: future mitigations put in place, service suspension, or service termination depending on severity and user history.
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of Dedicated.com. The identity verification measures may include the email of two forms of government issued identification to Dedicated.com, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.
Dedicated.com keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. Dedicated.com reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.
All communications from Dedicated.com and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, .Notices.). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the .Terms of Service. link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
Colocation Terms Of Service
Customers are permitted, and encouraged, to drop off colocation equipment at the desired facility to ensure safe transport; the major carriers such as FedEX, UPS, and DHL are accepted. USPS shipments are not recommended and may result in delivery delays. All shipping costs are the responsibility of the customer. All colocation services are fully managed. With the exception of guided tours, we are unable to provide data center floor access of any kind. There is a provision for access to full rack leases when scheduled 24 hours in advance. All requested work to include troubleshooting, configuration changes, relocation, shipping, or physical manipulation of colocated equipment is subject to a rate of $150/hour, billed in half hour increments. We also have a "no revolving door (NRD)" policy on colocated equipment. NRD is defined as limit enforced against habitual and excessive removal and replacement of colocated equipment in less than full rack leases. The amount of equipment swaps that is excessive is at the discretion of USDedicated staff. An initial warning is provided when reaching an amount that would be determined excessive, after which USDedicated reserves the right to refuse further equipment movement, cancel the responsible service, and return all equipment either via a schedule customer pickup or via major carrier at the owner's expense. No equipment will be released until all outstanding invoices and shipping costs are paid in full. Colocated servers that are located in a space less than one whole rack are required to be equipped with a Baseboard Management Controller "BMC", Intelligent Platform Management Interface "IPMI", Out-of-band "OOB", or other remote control management platform that is accessible outside of the installed operating system. Server grade hardware including SuperMicro (IPMI), Dell(iDrac), and Hewlett Packard(iLO) contain this type of technology platform and can be confirmed via the relevant motherboard manuals. For the included SLA and 30 minutes (applied in 15 minute segments) of free remote hands per month-per colocated service to apply, this equipment must be functional, reachable, and configured for the USDedicated team to access. Any customer service found where access is revoked either intentionally or unintentionally will forfeit all SLA & up-time guarantees until such time that access is restored. If access is refused or the required equipment is found to not be installed or functional, USDedicated reserves the right to cancel the responsible service, and return all equipment either via a schedule customer pickup or via major carrier at the owner's expense. No equipment will be released until all outstanding invoices and shipping costs are paid in full. Special use scenarios may require that equipment be colocated that will not meet the remote access requirement. These will be handled on a case by case basis and must be agreed upon during the order process, prior to shipment, by both parties. This equipment will be subject to a $75 racking fee and ineligible to qualify for our SLA and free remote hands. An administration fee of $200 will be applied to new accounts for “Unconventional Equipment” for each server that do not meet this requirement. Configuration changes that would need to be applied to delivered equipment would not be covered by this racking fee and would require remote hands fees.
Virtualize/Cloud Services Reseller Terms Of Service
By accepting this agreement you accept and adhere to our reseller policy. This policy while explicit is not limited to the text in this agreement, our Terms Of Service applies and is required you review before starting services with us, this can be found at https://usdedicated.com/terms-of-service "Content" Reseller services are NOT to be used for or in any form to provide services that include but are not limited to spam, phishing, scam, fraud, illegal pornography, abuse, theft, trafficking, unwarrented tracking, hacking, denial of service attacks, digital content theft such as television shows, movies, software, 'warez' or any form of content that otherwise would be paid for-- no form of activities that are deemed illegal by any official authority domestically or internationally alike. This is a ZERO TOLERANCE POLICY, we reserve the right to terminate all services and the reseller without refund or recompense. US Dedicated reserves the right to make this decision at any time. "Backups" Resellers are required to backup their own services and that of their own customers. We do not provide backups of data! Our Cloud based machines are raid protected for real time stability, beyond that we do not provide anything more. "Trickle down support" We require resellers to resolve all issues in relation to their customers who are hosted on our platform, we will not allow nor entertain trickle down support in the form of reseller customers reaching out to our support portal, to do so will be forwarded back to the reseller. Additionally, issues outside of the scope of our obligation to hardware stability and general up time will require the reseller to resolve on their own. i.e. A reseller receives a request from their customer and rewords, rephrases or simply forwards/passes it onto our support to resolve will also be rejected. Resellers are expected to support their own customers. "Resource Abuse" Resellers are expected to monitor their usage and that of their customers to ensure no one VPS server/customer causes resource usage that is deemed abuse-- This includes CPU usage, memory & swap overages, drive and network input/output. We reserve the right to suspend/terminate any VPS server/customer we see as abusing before mentioned resources. US Dedicated reserves the right to make this decision at any time. "IP Usage" Resellers are responsible for the IP addresses they issue to VPS servers and their subsequent customers, we have a zero tolerance for spam. Spam included, IP addresses tarnished in any way will result in the termination without refund of services immediately. US Dedicated reserves the right to make this decision at any time. Resellers placing orders containing a large amount of IP addresses will require IP justification, US Dedicated may decline such orders and require resellers to start with a lower amount then upgrade IP address allocations over time, 'upgrade as you go'.
Last Revised 6.9.2020