2.1 Dedicated.com's Responsibilities

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.

2.2 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.

2.3 Artificial Intelligence and Machine Learning Usage

Dedicated.com may utilize artificial intelligence and machine learning technologies to process information submitted through our systems for the purposes of enhancing service delivery, detecting security threats, preventing abuse, optimizing network performance, and improving customer support. This includes but is not limited to: automated analysis of traffic patterns to identify and mitigate DDoS attacks, processing support tickets to route inquiries more efficiently, analyzing resource usage patterns to recommend appropriate service upgrades, and detecting potential violations of our AUP through pattern recognition. Any AI processing of client data is performed in accordance with industry-standard security practices and is limited to the minimum necessary to achieve these legitimate business purposes. Client data processed through AI systems remains subject to our existing confidentiality obligations outlined in Section 6.2, and at no time will client data be used to train external AI models or be shared with third-party AI services without explicit client consent.

3.1 Payment Issues and Service Interruptions

Non-Payment and Service Interruption

Services interrupted for non-payment will be subject to a 5% late fee of the overall invoice. 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. Device data retention and backups are the sole responsibility of the client.

Charge-Backs

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, either by the client performing a charge-back, or by the financial institution itself 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.

Suspensions

In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. Dedicated.com assumes no liability for the integrity of the data stored on a suspended server.

3.2 Refund Policy

3.3 Bandwidth Usage and Overages

Client dedicated and "by-the-u" colocation servers are subject to suspension upon exhaustion of in-term alloted bandwidth. For Clients with commit based bandwidth, 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 megabyte 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. These arrangements may include being required to pro-actively upgrade bandwidth. Client agrees to accept any and all reporting tools Dedicated.com implements to collect and record bandwidth usage.

3.4 Payment Verification

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 photographing of a selfie showing one's face along with their photo ID in the same photo. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.

4.1 Service Termination

Terminations/Contract Terminations

Dedicated.com reserves the right and sole discretion to terminate any customer contract (and/or service) at any time if it is deemed that the customer poses either risk or liability to Dedicated.com or its service offerings. Dedicated.com also reserves the right and sole discretion to terminate any customer contract if customer displays a continual inability to render payments during or after their billing due period. Notification of termination will be provided to the customer via a documented ticket within the Billing & Support system. Terminations are not eligible for refunds, credits or any other form of payment reversal. If the terminated client holds colocation equipment within a Dedicated.com partnered facility then it is at the sole discretion of Dedicated.com to release said equipment.

Cancellations

Cancellations must be received 1 day prior to service's next due date. Services canceled after the due date and auto-charged cannot be refunded.

Early Termination of Contract

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.

4.2 Support

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.

4.3 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.

5.1 Abuse/Spam/Bulk Email Policy

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:

1. 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.
2. 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.
3. 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

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 for the customer 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.

5.2 DMCA Complaints

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:

1. A ticket is opened as a warning, providing 48 hours to resolve the situation.
2. After 72 hours with no resolution, services on the server in question will be suspended.
3. 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.

5.3 Fraud

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.

6.1 Disclaimers of Liability; Indemnification

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.

6.2 Publicity

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.

6.3 Electronic Notifications

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.

6.4 Entire Agreement

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.

6.5 Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of Washington govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Clark County, Washington.

7.1 Colocation Terms Of Service

7.2 Remote Hands Fees By Location