Terms of ServicesRevision date: 4/7/2021
All services provided by DediPath ("DediPath") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DediPath from any claims resulting from the use of service which damages the subscriber or any other party.
DediPath is not responsible for any damages your business may suffer. DediPath makes no warranties of any kind, expressed or implied. DediPath is not responsible for any loss of data or damages due to service interruptions.
Prohibited are sites that promote any illegal activity or present content that may be damaging to DediPath' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
CPU/Resource Intensive Programs
Denial of Service Attacks
Spamming / Email Marketing
Hacking / Cracking
Transmissiong or storage of any data or material that is in violation or regulation of any law is prohibited. This includes but not limited to: copywritten material, trademarks, or any other illegal content including: MP3s, Movies, Pirated Software, and Hacker Programs.
Warez, image/file dumps, mirrors
Sale of controlled substances
IP Scanning, bruteforce programs and spam scripts
Traffic UsageAll account plans come with a predetermined amount of traffic allowance. Services may be suspended upon going over the services alloted bandwidth. Additional bandwidth may be purchased at anytime.
Non-Dedicated Port Unmetered Bandwidth Plans (Shared Unmetered Plans)
Non-dedicated port unmetered bandwidth plans (shared unmetered plans) are shared among by several customers and intended for common web hosting usage. With such acceptable use of the shared unmetered port is limited to usage that does not cause problems or interfere with other clients. Expected usage on dedicated servers, hybrid servers or colocation service is about 30% of the port capacity. Expected usage on VPS services is 10% of port capacity. Extreme sustained usage may result in port rate limiting or traffic shaping at DediPath's sole discretion.
Server AbuseAny attempt to undermine or cause harm to a server or customer of DediPath is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Server Abuse FeeDediPath has a zero tolerance for abuse. As such any abuse complaint received will be charged a fee of $30 USD/IP/Incident.
Colocation Inbound ShipmentsDediPath allows customers to drop off colocation equipment at the requested facility. Additionally, we accept packages from all major carriers including FedEX, UPS, and DHL. USPS shipments are not recommended as they tend to be delayed. All shipping inbound and outbound are the responsibility of the customer.
Colocation Data Center AccessDediPath does not provide unescorted data center access to shared colocation customers. Shared colocation customers include any colocation space less than a full rack for example: 1U, 2U, ¼ rack and ½ rack customers. Escorted access can be scheduled however will be billed at $125/hr. Full rack customers may request data center access.
Colocation Initial SetupDediPath offers an initial free rack and stack on colocation in our flagship locations which are Los Angeles and New Jersey locations. Free rack and stack include setting rails and wiring servers via ethernet and power cables. Customers with multiple U (1/4 cabinet, ½ cabinet or full cabinet) should have all their equipment arrive prior to racking. To qualify for the free rack and stack all equipment must be racked at the same time. Additional racking outside of initial rack and stack will be subject to remote hands fees at $125/hr billed in 15-minute increments. DediPath charges a small setup fee of $125 for 1U and 2U colocation services and 1 x MRC setup fee on 1/4, 1/2 rack and full rack colocation services in all edge/satellite sites ie: Atlanta, Denver, Dallas, Jacksonville, and Las Vegas. We provide network information prior to shipping the server and advise customers to configure their network settings (IPMI ect) prior to shipping the server. If you require the network to be setup there will be a $31.25/server fee applied.
Colocation Removal of EquipmentDediPath requires a 30-day written notice on all colocation services that are outside of a contract. Prior to removal of equipment all invoices must be clear. Additionally, DediPath charges a deracking and boxing fee of $125. Customers must supply shipping and boxes for outbound shipments. Unclaimed equipment after cancelling for any reason will become property of DediPath if abandoned for 30 days.
Colocation Remote Hands:DediPath offers remote hands services in all our locations. All remote hand services are charged. Remote hands will be charged at $125/hr billed in 15-minute increments in our flagship locations which are Los Angeles and New Jersey. Remote hands in our edge/satellite locations will be billed at $125/hr with a one hour minimum then billed in 15 minute increments after the initial hour. Remote hands requests include but are not limited to: power cycles, general button pushing, screen readouts, KVMoIP, HDD swap, RAM reseating, troubleshooting, PSU swaps, and CPU swaps.
Refusal of ServiceWe reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of DediPath must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
BillingAccounts will not be activated until the first months payment is received and the account is verified. Users will receive invoices via email at least one week prior to the service due date. Invoices must be paid on or by the date of the invoice. Failure to pay the invoice on time will result in account suspension. Accounts that are past due are subject to termination. If an account is terminated all data will be terminated and will not be recoverable. DediPath is not responsible for any data loss due to non-payment.
Affiliate PayoutsAll affiliate payments are made either on the 1st or the 15th of each month. Payouts will be subject to manual review.
Credit Card PolicyAdditional verification for orders paid via credit card may be required. Verification includes a copy of the photo ID and credit card used at the time of purchase. If the account is not verified we reserve the right to cancel the order. All credit card payments are billed automatically on the service due date.
Late FeePayments are considered past due 1 day after the due date. Accounts that become past due are subject to a 15% late fee that will be applied to the service invoice. The late fee must be paid prior to the service being reactivated.
By the Account Activation Date of each month, DediPath shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to DediPath by no later than the specified payment due date. DediPath shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Money back guarantee & refund policyWe do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
Cancellation RefundsWe DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Refusal of ServiceWe reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of LiabilityDediPath shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DediPath's servers going off-line or being unavailable for any reason whatsoever. Furthermore, DediPath shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of DediPath ' servers. All damages shall be limited to the immediate termination of service.
ViolationsViolations of these Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
DisclaimerDediPath cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by DediPath are resold. Thus, certain equipment, routing, software and programming used by DediPath are not directly owned or written by DediPath. Moreover, DediPath holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as DediPath sees fit.
Account ActivationBy activating your account with DediPath, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime GuaranteeDediPath guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
DediPath reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.