Terms of Service
Use of our services constitutes client acceptance of the following terms and agreement to abide by them. Joe’s Datacenter, LLC reserves the right to amend or change these terms at any time and continued use of our services constitutes client acceptance.
- All orders must include your real name, street address, phone number and e-mail address. Providing false information may result in immediate termination of your account without a refund.
- Orders are deployed in the order in which they are received.
- Payment is required at the time the order is placed. Failure to send payment will result in the order being canceled by our system.
- Dedicated and virtual servers are setup within 24 to 48 hours of order/payment.
- All services are month to month and automatically renew unless you have filled out our cancellation form.
- Due to the nature of our industry and the cost involved in maintaining your service, we do not offer refunds.
- When you order your service, you are billed for an entire month up front. If your order was placed after the 10th of the month: the following month you will be billed a pro-rated amount to the 10th of the next month.
- Invoices are generated and e-mailed to you on the 1st of each month. They are available in your your client support panel.
- Services that are set to auto billing will use your default credit card set on your account and will be charged on the invoice due date.
- If your payment is declined or you fail to submit payment 5 days after due date, your services will be suspended until we receive full payment. An e-mail requesting payment is generated every 2 days that your invoice is unpaid.
- We do not telephone or send postal mail notifying you of your suspended services. If you are concerned that an e-mail may not reach you, then you should proactively check your account for outstanding invoices.
- A late fee of $5 will be applied to your client account for invoices 1 day past due and an additional $5 late fee every 5 days thereafter until it is paid. Late fees will be invoiced the following month of when they were received and will be paid by automatically charging your default payment method that is on your account.
- Your monthly bandwidth usage allotment is calculated by your total transferred both inbound and outbound traffic. Bandwidth overages are invoiced 1 month following the usage period.
- Failure to make payment within 10 days of an invoice due date will result in your services and account being terminated. Terminated services data will be erased and non-recoverable. In no event shall Joe’s Datacenter, LLC staff be responsible for loss of data.
- A billing dispute or issue of any kind does not exempt you from paying current and or future invoices. Billing disputes resolved in the customer’s favor will receive an account credit for over payment. If any charge-backs occur on your credit card or PayPal account at any time, we reserve the right to terminate all services without notice.
- All cancellations must be submitted before the next renewal period date for each service you want to cancel. This can be done by using the cancellation form in your customer support panel.
- Failure to cancel your service before the next renewal period date will result in the service renewing automatically and you will be charged for an additional full month of service.
- Colocation cancellations for shipped equipment: we require clients to pay their packing fees invoice before their packages can be picked up. Clients must purchase shipping labels for their packages and be picked up with in 30 days of cancellation. Clients equipment that has not been picked up within 30 days of cancellation will become property of Joe’s Datacenter, LLC.
- Colocation cancellations for pick up of equipment: if client is picking up their equipment at our facility they must have a $0 balance on their account and have sent us an e-mail/ticket request for the scheduled date/time. Clients equipment that has not been picked up within 30 days of cancellation will become property of Joe’s Datacenter, LLC.
- Violations of system or network security are prohibited, and may result in criminal and civil liability. Joe’s Datacenter, LLC will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.
- You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
- Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitative software or text that educates or encourages this activity and/or use is not allowed.
- You may not upload ROMs and Emulators. This is non-negotiable.
- 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. Pornography is allowed as long as it meets all U.S. laws and regulations.
- Spam is not allowed, and you may not reference Joe’s Datacenter, LLC in any unsolicited email that you send. You may not link from spam messages to websites hosted here. If you receive multiple abuse complaints, spam listings or hit spam traps your services may be suspended or terminated without prior notice.
- 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.
- You are solely and fully responsible for the contents of your account. Any and all repercussions will be born solely by you as the account holder.
- In no event will Joe’s Datacenter, LLC 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 Joe’s Datacenter’s 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.
- We reserve the right to terminate any account without warning or notice if any of the TOS or AUP restrictions are violated and we reserve the right to examine the contents of any account at any time.
- We will not give a refund if you are terminated due to violations of our AUP or TOS policies.
- We are not liable for any loss of data for any reason. This includes all colocation, dedicated servers or virtual private servers. It is the customers responsibility to maintain backups of their data.
- If we receive abuse complaints about your service and you fail to correct these issues or respond to our security department, we reserve the right to suspend or terminate your service.
- You may not use Joe’s Datacenter, LLC VPS services for mining crypto currency such as Bitcoin, or Litecoin.