Use of our service, whether directly or indirectly, constitutes your acceptance of these terms and agreement to abide by them. We reserve the right to amend or adjust these terms at any time. Your continued use of our services constitutes your acceptance of any changes we make. These terms are non-negotiable:
Ordering:
a. All orders must include your real name, address, phone number and email address. Providing false information may result in immediate termination of all your accounts without refund. Clients are limited to one account. Opening multiple accounts will result in termination without refund.
b. Orders are deployed in the order in which they are received.
c. Payment is expected at the time the order is placed. Failure to complete payment will result in the order being discarded by our system.
d. Your renewal date is automatically adjusted to the date your server is put online.
e. We deploy servers during business days only (Monday through Friday). Servers are not deployed on Saturday or Sunday.
Billing::
1. Due to the nature of our industry and the costs involved with provisioning and maintaining your service, we do not offer refunds or pro-rated refunds.
2. Invoices are generated 10 days before the date they are due. Email reminders are sent at 7 days, 4 days and 1 day before the due date via email. If your account is set up on auto billing, your payment method will be charged on the due date.
3. All invoices are e-mailed and are available in your account panel. Invoices are not sent via postal mail, PDF, fax or any other method other than email. We do not contact customers via phone to discuss billing issues.
4. If your payment is declined or you fail to submit payment by the invoice due date, your service will be disconnected at midnight the day after the due date and your account will be assessed a $5 late fee
5. Failure to make payment within 48 hours of the disconnection will result in your service being terminated and a termination fee of $10 assessed against your account.
6. A billing dispute of any kind does not exempt you from paying current and future bills. Billing disputes resolved in the customer's favor will receive account credit for overpayment. If any chargebacks occur on your credit card or PayPal account we reserve the right to terminate all service and recycle your server(s) without notice.
7. Your monthly bandwidth allotment is calculated based off your upstream plus downstream traffic. Bandwidth overages will be charged $.02 per GB.
Cancellation:
A. To avoid cancellation fees and termination fees, you may cancel your own service through your account panel at any time before the invoice due date. Your server is removed and recycled within 24 hours. Once you have cancelled your own server, that server cannot be put back online.
B. Failure to cancel your service before the due date will result in the service renewing automatically and you will be charged for an additional full month of service.
Support:
1. Support is available 24/7/365.
2. Support is by ticket system only. This insures that communication can be tracked and documented.
3. We strive to maintain 10 minute response times.
4. Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system and may result in termination of services.
5. Swearing, threats and other abusive language will not be tolerated and may result in account termination without refund.
Service Level Agreement (SLA):
1. We anticipate our services to be available 100% of the time.
2. A service disruption occurs when your server is completely offline for more than 15 minutes due to a fault in our networking or power infrastructure.
3. Disruptions caused by the hardware or software of the server itself it not covered by this SLA.
4. Disruptions caused by planned or unplanned maintenance are not covered by this SLA.
5. Disruptions caused as a result of actions taken by our abuse/security department are not covered under this SLA.
6. In the event that there is an unplanned service disruption, you may open a support ticket and request an account credit to be issued for the prorated amount for the time of the disruption. For example: If you pay $60 per month for your server and it is unavailable for 1 day (during a 30 day month) due to an unplanned outage, you can request a account credit for $2.
Security/Abuse:
1. Mass email marketing servers and Unsolicited bulk e-mail (UCE) are prohibited.
2. You may not publish any material that is grossly offensive, including , exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.
3. You may not upload ROMs and Emulators.
4. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use are not allowed.
5. IRC websites and IRC servers are not allowed.
6. You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
7. Pornography and sex-related merchandising are permitted provided it is legal in the city of Kansas City, the state of Missouri and the country of the United States of America. This includes sites that may infer sexual content, or links to pornography elsewhere. Nude "art" is permitted.
8. Attack traffic that disrupts any portion of our network (incoming or outgoing) will be blocked until the customer is able to work with security personnel to resolve the issue.
9. We do not participate in any government mass collection of data. If this provision disappears you will know we have been involuntarily compelled to take part in such a program.
10. You are responsible for any abusive traffic coming from or going to your server whether or not it was knowingly or directly caused by you. You are responsible for all your users and/or customers actions while using our service.
11. Spam is not allowed, and you may not reference our company in any unsolicited email that you send.
12. Anyone caught SPAMMING or violating our Acceptable Use Policy may be terminated without warning and with no refund.
13. You must contact us prior to installing a CDN within our infrastructure. "Shared Resource" CDN’s are strictly prohibited.
14. You are solely and fully responsible for the contents of your account. Any and all repercussions will be borne solely by you as the account holder.
15. In no event will our company be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use our services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
16. We are not liable for any damage or loss of data due to insufficient cooling, heating, bandwidth or acts of God. This includes colocation or dedicated servers.
17. We reserve the right to restrict any account to PayPal only payments or terminate any account without warning, notice, or refund if any of the above restrictions are violated and to examine the contents of any account at any time.
You may not use your service in the commission of any crime that violates the laws of local, state, and federal government of the United States of America. Violations of this provision may result in us making your information and information about your service and it's use available to law enforcement with or without your consent or knowledge.