Terms of Service (TOS)
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.
General
1. 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.
2. Colocation customers agree to and shall maintain in force and effect during the Term of this Agreement one or more policies of commercial general liability insurance, with a company licensed to do business within the state where the Building is located, insuring Customer against all hazards and risks customarily insured against by persons locating equipment such as the Equipment in space in buildings such as the Space in the Building. Customer shall maintain property insurance (inclusive of coverage for data, media and electronic data processing perils) written on a “Special Form” basis at full replacement cost value. Customer’s policies shall contain provisions providing that such insurance shall be primary insurance insofar as Customer is concerned, with any other insurance maintained by Joe’s Datacenter, LLC being excess and noncontributing with the insurance of Customer required hereunder; and the same shall provide coverage for the contractual liability of Customer to indemnify Joe’s Datacenter, LLC. Each of Customer’s policies shall name Joe’s Datacenter, LLC and any additional persons, or entities that Joe’s Datacenter, LLC may reasonably designate in writing, as “additional insureds”. All such policies shall provide that Customer’s insurer waives all rights of subrogation against Joe’s Datacenter, LLC. The insurance requirements set forth herein are independent of Customer’s indemnification and other obligations hereunder and shall not be construed or interpreted in any way to restrict, limit, or modify Customer’s indemnification and other obligations, or to limit Customer’s liability. Prior to occupying the Space or upon Joe’s Datacenter, LLC’s request, Customer shall submit to Joe’s Datacenter, LLC evidence that Customer has the insurance policies required hereunder in effect and shall provide to Joe’s Datacenter, LLC certificates, with copies of all applicable endorsements attached, to Joe’s Datacenter, LLC.
3. Customers must adhere to our Acceptable Use Policy.
4. Customers must inform us of regulatory issues that may arise from their use of our services. You may not use our services for the storage, processing or transmission of Protected health information without informing us in advance and obtaining written permission. Customers that store, process or transmit Protected health information are required to enter into a business associate agreement prior to using our services. Before storing, processing or transmitting Protected health information the customer must have adequate mechanisms in place for monitoring and protecting data, including implementing access control systems. Customer agrees and must ensure Joe’s Datacenter staff does not and will not be given logical access to Protected health information and the customer will meet all regulatory requirements for HIPAA compliance.
Data/Backups
1. We are not liable for any loss of data for any reason. This includes but is not limited to, colocation, data backups, dedicated servers or virtual private servers. It is the customers responsibility to maintain adequate off-site backups of their data.
2. Customer acknowledges hardware or Software raid is not a form of data backup.
Ordering
1. 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.
2. Orders are deployed in the order in which they are received.
3. Payment is required at the time the order is placed. Failure to send payment will result in the order being canceled by our system.
4. Dedicated and virtual servers are setup within 24 to 48 hours of order/payment.
5. All services are month to month and automatically renew unless you have completed a cancellation request for each service.
Billing
1. Due to the nature of our industry and the cost involved in maintaining your service, we do not offer refunds.
2. When you order your service, you are billed for an entire month up front.
3. Invoices are generated and e-mailed to you 10 days before they are due every month. The due date is the day you originally purchased the service. They are available in your client support panel.
4. 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.
5. 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 payment reminder is sent to you on the following days:
– 5 days before the invoice is due
– 1st Reminder: 1 day after due date
– 2nd Reminder: 3rd day overdue
– 3rd & Final Reminder: 4th day overdue
6. 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.
7. A $5 late fee will be added to your current overdue invoice if its 5 days past due. It will be paid by automatically charging your default payment method that is on your account.
8. 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.
9. Failure to make payment past an invoice’s due date may 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.
10. 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.
Cancellations
1. All cancellations requests must be submitted before the next renewal period date for each service you want to cancel. This can be done in your customer support panel under the active service you want to cancel and select Request Cancellation.
2. 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.
3. 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.
4. 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.
Security/Abuse
1.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.
2. You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
3. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitative software or text that educates or encourages this activity and/or use is not allowed.
4. You may not upload ROMs and Emulators. This is non-negotiable.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. We will not give a refund if you are terminated due to violations of our AUP or TOS policies.
12. 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.
13. You may not use Joe’s Datacenter, LLC Dedicated Servers or VPS services for mining crypto currency such as Bitcoin, or Litecoin.
