Company Policy, Agreements & Contracts

Terms of Service & Acceptable Usage Policy (“Hosting Agreement”)

This legally binding contract (the “Agreement”) is by and between DedicatedNode, LLC, and you and your assigns, employees, agents or contractors (“You”, “Your”, the “Client”) and is effective as of the date you purchase services from DedicatedNode, LLC. This agreement sets forth the terms and conditions of your use of DedicatedNode’s services and represents the entire agreement between you and DedicatedNode relating to services. This agreement contains provisions that set forth DedicatedNode Acceptable Usage Policy, Privacy Policy and Service Level Agreement (SLA).
By purchasing the services, you acknowledge and agree that you have read, understood, acknowledge and agree to be bound by all the terms and conditions of this agreement, along with any new, different or additional terms, conditions or policies that DedicatedNode may establish and post on its website from time to time.

Description of Services:

DedicatedNode, LLC provides the services to its customers for a monthly or annual fee. DedicatedNode will provide you an account on one or more of its servers, provided, however, you abide by the terms and conditions set forth in this agreement and in any other agreement pertaining to other services you may purchase. DedicatedNode reserves the right to modify its network and facilities used to provide the services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced service. DedicatedNode shall use reasonable efforts to notify you in advance of any planned changes to DedicatedNode’s network or facilities that may adversely affect the services provided under this agreement.

Fees:

Fees for services ordered by you shall be charged beginning on the date of the initial order and that date shall server as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

From time to time it may be necessary to make adjustments in the fees and surcharges charged for the services in order to cover certain changing costs (e.g., power, networking, etc.) incurred by DedicatedNode in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the services, and you agree to pay for the fees and surcharges for the services, as adjusted.

 

Payment Options:
DedicatedNode, LLC. provides several options for payment.

If your invoices becomes more than 3-days past due, DedicatedNode (we) reserve the right to suspend or terminate service after 5-days past due. Accounts having A balance for more than 30-days may be referred to a collection agency.

Late Payment:

DedicatedNode reserves the right to charge a late fee of 18% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed. At the moment we do not offer any grace period for payments, but we reserve the right to remove and add the late fee at the discretion of management and members of DedicatedNode, LLC.

Non-Payment Termination:

In the event you fail to pay your invoice within 3-days of the due date, we reserve the right to suspend your service.

If you are still past due on the 5th day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server, or in the instance of a shared, reseller or backup service delete your account from the server.

If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.

Overage Billing:

“Overage” is defined as usage of the services provided by DedicatedNode to you in excess of the allocated limitation. Overages re charged for SAN, Backup, Bandwidth and Professional Services used in excess of the amount allocated to your account.

You agree to pay the then-current overage fees and charges for the DedicatedNode services, including backup and bandwidth overage fees, upon receipt of an invoice.

Rates can be accessed by contacting your account executive or you may view the overage and add-on fees below. Usage information is available in your billing panel and through your account executive.

Overage fees can be avoided by subscribing to a higher service plan.

Cancellations & Refunds:

DedicatedNode is not able to schedule service cancellation for a specific time or date. To submit a cancellation request, please visit our client area and follow the proper procedure. If you have any questions regarding the process you may always contact your account executive or our billing department.

When you request a service cancellation, we may follow the following process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel service. Then, we will immediately suspend billing and cancel the service. We are not able to provide scheduled cancellations and all cancellations are effective immediately. Regarding mid-month or mid-period cancellations, DedicatedNode will not issue pro-rated refunds for cancellations received in the middle of a payment cycle.

Refunds will not be given or provided on a pro-rated basis for services provided in a given billing period. Receipt by you of any services in a given period will obligate you to pay for the services during that entire billing period.

Term, Termination and Money Back Guarantee:
You agree to a month-to-month term for the service sunless otherwise agreed to in writing. The month-to-month term for service is automatically renewed each month unless either party notifies the other in writing of its desire that the agreement not be renewed, no later than seven (7) days before the next upcoming anniversary date for billing. You may cancel your account by terminating this agreement in this manner by contacting the billing department of DedicatedNode.

DedicatedNode reserves the right to terminate this agreement effective immediately and without notice upon any breach by you of any of the terms of this agreement. In such event, DedicatedNode shall have no obligation to refund any fees paid in advance by you.

At the current time, DedicatedNode provides a no questions asked 30-Day Money Back Guarantee on Shared, Reseller and Virtual Servers less the cost of add-ons  like but not limited to Domain Registration Fees, SSL Certificates, Professional Service Fees (Server Management), Operating Systems, Setup Fees, Software Licensing and any additional costs that we deem that cannot be refunded. We do not provide or offer any type of refund on Dedicated Servers/Solutions.

Chargebacks & Payment Disputes:
Under these terms of service you must first contact DedicatedNode to attempt to resolve any billing disputes before contacting your financial institution or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within 30-days of the invoice payment in question.

By using our service you agree to the above policy and to contact DedicatedNode before contacting your financial institution to seek a resolution.
In the event you dispute charges contrary to this agreement, we reserve the right to a $150 administration fee and to refer your account or sell your debt to a third part collection agency. We also reserve the right to take further legal action against you.

Penalties & Extra Fees:
Client agrees to pay the following penalties and extra fees if they shall apply to their account and/or situation. For each occurrence of a bounced check, the client agrees to pay a $36 fee.  For each occurrence of a chargeback the client agrees to pay an administrative fee of $75. For each credit/account reporting the client agrees to pay a $49 fee. For each server re-activation due to non-payment the client agrees to pay a fee in the amount of $75 per server.

At the current time DedicatedNode does not charge a re-activation/reconnection fee for Shared, Reseller or Virtual hosting accounts.

Promotional or Special Offers: Pre-Payment Offers
From time to time, DedicatedNode may offer discounted pricing for initial introductory periods (e.g., discounted fees, free upgrades, etc.) A condition of such discounted pricing may be the requirement of prepayment for a period longer than the introductory period be paid. For example, the first month’s service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotion offers are non-refundable.

Promotional or Special Offers: Other Types of Offers
From time to time, DedicatedNode may offer promotional or special offers as sales inventive. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-tine use offers. One offer per client only. Offers are valid only where they are permitted by law. Offers are void where prohibited.
Each offer, promotion or trial may have individual terms and conditions. Please review those terms and conditions prior to opting for those services. Questions regarding our promotions may be directed towards your account executive or our sales department.

Acceptable Usage Policy

License to Host:
You herby grant to DedicatedNode, LLC and its partners a non-exclusive, royalty-free, worldwide right and license during the term of this agreement to do the following to the extent necessary to provide the services under this agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by you; and (b) make archival backup copies  of content uploaded by you to the servers at DedicatedNode. DedicatedNode shall have the right, but not the obligation, to make backup copies of the data uploaded by you to the servers. You are responsible for any of your content residing on DedicatedNode’s Servers, Networks and for the backup thereof.

Storage & Security:
At all times, you bear full risk of loss of any content and software you place on DedicatedNode’s servers. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under the charges incurred with your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
DedicatedNode does not undertake the responsibility or any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, you must make a request for such update through DedicatedNode’s ticket system.
You shall be solely responsible for undertaking measure to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; and (iii) ensure the security, confidentiality and integrity of your content transmitted through or stored on DedicatedNode’s servers. DedicatedNode shall no liability to you or any other person for loss, damage or destruction of any of your content.

Acceptable Use of Service: Shared, Reseller, Virtual & Dedicated Services/Solutions
You agree not to use the above services to:

Disclaimer of Warranties

You acknowledge and agree that DedicatedNode, LLC exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the internet.
NEITHER DEDICATEDNODE, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THEIR PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLDUING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT DEDICATEDNODE PROVIDES.  NEITHER DEDICATEDNODE, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THEIR PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY IFNORMATION SERVICES OR MERCHADISE CONTAINED IN OR PROVIDED THROGH THE SERVICES. DEDICATEDNODE IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLENTELE VIA THE SERVICES PROVIDED BY DEDICATEDNODE.

Indemnification:
You agree to indemnify, hold harmless, and defend DedicatedNode and all directors, officers, members, managers, employees and agents of DedicatedNode from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the services by you, including any violation of the acceptable usage policy set forth in this agreement.

Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

Limitation of Liability:
IN NO EVENT SHALL DEDICATEDNODE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSQENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRCIT LIABILITY OR OTHER LEGAL THEORY, EVEN IF DEDICATEDNODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will DedicatedNode’s liability for any damages, losses and causes of action whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the service during the 12-month period prior to the date the damage  or loss occurred or the cause of action arose. The provisions of this agreement pertaining to “Uptime Guarantee” apply to credits available to you for system downtime.

Force Majeure:
DedicatedNode shall not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services.

Intellectual Property:
You represent and warrant that your use of the services shall not infringe the intellectual property or other proprietary rights of DedicatedNode or any third party. You further acknowledge that all rights, title and interest in any and all technology, including the software that is part of or provided with the services and any trademarks or service marks of DedicatedNode is owned by DedicatedNode and/or its licensors. Unless otherwise specifically provided in this agreement, you shall have no right, title, claims or interest in or to DedicatedNode’s intellectual property.
You shall not copy, modify or translate any DedicatedNode’s intellectual property or related documentation, or decompile, disassemble or reverse engineer the same, to use it other than in connection with the services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this agreement, you are not authorized to distribute or to authorize others to distribute DedicatedNode’s intellectual property in any manner without the prior written consent of DedicatedNode.
DedicatedNode respects the intellectual property of others, and we ask you to do the same. DedicatedNode, may, in appropriate circumstances and at its discretion to disable and/or terminate the account of users who may be repeat infringers.

Governing Law & Forum Selection:
This agreement shall be interpreted and construed according to, and governed by, the laws of the State of Pennsylvania.

Waiver & Modification:
Except as otherwise provided herein, this agreement may not be amended except through a writing executed by the parties. Any failure or delay in exercising any right, remedy, or power under this agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any part of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

Assignment & Severability:
This agreement shall be binding upon and inure to the benefit of you, DedicatedNode and their respective successors, and assigns. You may not assign this agreement without the prior written consent of DedicatedNode, which consent will not be unreasonable withheld. If any provision of this agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.

Additional Incorporated Agreements:
Additional amendments to the agreements, when noted, are amendments to this agreement and are to be incorporated into it. Examples include terms and conditions for promotion offers and other additional terms and conditions.
DedicatedNode reserves the right to modify this agreement as needed with or without notice, and you agree that by creating, using, or otherwise engaging in business with DedicatedNode, that you fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the agreement are legally binding and that you are authorized to enter into such agreements on behalf of your organization or yourself.
By registering and using our service you are automatically bounded to this agreement.

Service Level Agreement (SLA)

Uptime Guarantee:
“Uptime” refers to the amount of time the services are available, as measured solely and only by DedicatedNode’s internal monitoring systems. “Downtime” refers to the amount of time the services are unavailable, as measured solely and only by DedicatedNode’s internal monitoring system.

DedicatedNode, LLC guarantees that its networking, connectivity and servers will be available 99.9% of the time. In the event such level of service is not provided, DedicatedNode will credit your account in an amount as determined using the formula below, but not payments made for any of the following products and services: domain registrations, software license, ip addresses, setup fees, shipping & handling, ssl certificate fees, labor charges and other services which are unrelated to uptime.

Your account will be credited for the amount of hours that your service is down. The formula that is used to calculate such credit is:

(Cost of Server Hardware) / 30 Days / 24-Hours x Amount of Hours Down = Account Credit

For example you purchase a server that is $99 per month, and during that 1-month of service you have downtime of 1 hour. $99/30/24x1= Credit of $0.14

To receive a credit you must contact our billing department within 10-days of the outage. After DedicatedNode (we) review the incident and deem that during that said time there was an outage, we will credit your account within thirty (30) days.

The total amount credited to you in a particular month under this agreement shall not exceed the total amount of fees paid by you for such month for the affected services.

The provisions of this agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by DedicatedNode to provide credit to you:

"Unlimited" Hosting Policy (UHP)

DedicatedNode’s unlimited hosting packages were designed to simplify your life. As the webmaster, business owner, designer or anyone else your job is to focus on creating and growing your web presence. While creating and growing you should not need to worry about storage, bandwidth, etc. You should leave that to us, after-all that is why you are paying us.

While we do not see Unlimited being infinite, we believe that you should not need to worry about storage or bandwidth during the normal operation of your website(s).

While you may no longer need to worry about such restrictions there are many other resources you need to take into account. These resources include but are not limited to CPU Usage, RAM Usage, Disk I/O Usage, Processes, Connections and file counts. If your site(s) are poorly managed and are causing issues in a shared environment you may need to look at other hosting solutions including a Virtual Private Server or Dedicated Server.

Unlimited Hosting Account Limits:

When utilizing our unlimited hosting services there are a few prohibited uses. These include the following:

DedicatedNode, LLC. Reserves the right to remove such content, websites or files that violated DedicatedNode terms of service, acceptable usage policy or unlimited hosting policy with or without the proper notice to the client.
The usage of ANY DedicatedNode’s services constitutes your agreement with ALL policies of DedicatedNode. Failure to follow such policies may result in account suspension including and up-to account termination.
For more information about our unlimited hosting plans, please e-mail sales@dedicatednode.com or call 888-205-8927 Option 2.

Scope of Support & Server Management (SoS)

DedicatedNode wants to be as transparent as possible when it comes to what we cover and manage as a company for our clients. This document outlines the scope of support and management as well as the limitations of DedicatedNode.
Our Responsibility:

 

VPS & Dedicated Server Managed Services:
All of DedicatedNode’s virtual private servers and dedicated servers include managed services at the request of the client. Our managed support services include the following:

 

Your Responsibility:

Privacy Policy Agreement

The Information We Collect
This notice applies to all information collected on the DedicatedNode website, or submitted to DedicatedNode at any time through any of our services on the website. Personally identifiable information when visiting DedicatedNode’s website and signing-up for or using a DedicatedNode powered service such as registering a domain, our forum, registering for hosting or reporting abuse you may choose to supply DedicatedNode with information that identifies you personally. This information may include your name, contact information as well as other demographic or commerce related information.

Cookies
A cookie is a small text file that is stored on a user’s computer for record keeping purposes. We use cookies on this website. We do not link the information we store in cookies to any personally identifiable information you submit while on our website. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our website. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You may remove this persistent cookie by following the direction on “How to remove cookies” in your internet browser’s help section and/or documents.

Log Files
As is true of most websites we gather certain information automatically and store it in log files. This information includes IP Addresses, browser type, internet service provider, referring pages, exit pages; operating system, date & time stamp and click stream data. We use this information not to identify our users but to monitor trends, manage the website, etc. We do not link this automatically collected data to personally identifiable information.

The Way We Use the Information
We use the information you provide about yourself or others to complete the transaction for which it is intended. This may include administering a service such as registration, e-mail, forum or contacting you if you have indicated your permission to do so by agreeing to accept further notification and service announcements from DedicatedNode. You may opt-out any time by e-mailing sales@dedicatednode.com. We do not share any of the information both identifiable and unidentifiable to any 3rd-party services without your consent.

Internal Surveys
Upon using our services, we may periodically ask you to complete a survey based on the service you have received or at the end of a phone call, live chat request or support ticket. These surveys are completely anonymous and are voluntary.

Communications from DedicatedNode
As long as your billing account remains “Open” and not “Closed” or “In-Active” you agree to receive e-mails from DedicatedNode. At any time if you would like to have us stop sending you communication please e-mail sales@dedicatednode.com and request your account to be closed. Please remember any active services may result in termination by closing your account. While we promise not to share your personal e-mail address, you may receive an e-mail from PayPal or another merchant provider for DedicatedNode with transaction details, order information, etc.

Information and Sharing Disclosure
At no time will we share your personal identifiable or unidentifiable information with any 3rd party without your consent to release such information. We do utilize unidentifiable information to better design and make accessible our services and website.

Personal Identifiable Information
DedicatedNode does not share, sell, rent or trade information with any 3rd party companies or services without the consent of our clients. We will never use the information provided to us in ways that are unrelated to the ones described within this privacy policy.

Access or Correct Information
At any time you may access your information or correct your information by visiting http://www.dedicatednode.com/clients, selecting Client Area and logging into your account with your registered e-mail address and password. If you have issues changing or updating information you may contact us via telephone by calling 1-888-205-8927 during normal operating hours of 9AM to 6PM EST. Our voicemail and ticket system is monitored 24 hours a day, 7 days a week.

Security
The security of our client’s data is highly important to us. All data collected including passwords, domain passwords, account passwords, address and e-mail addresses are encrypted within our database. Only personnel with proper security clearances may access this information. This is regulated through permission setup by the Board of Directors for each employee’s account. Although we have measures in place to protect your data and information, we cannot guarantee its absolute security. If you have any questions regarding our security please e-mail webmaster@dedicatednode.com with any questions or comments you may have.

Links to Other Websites
At times this website may contain links to other websites that may or may not be owned by DedicatedNode. Please be aware that we are not responsible for any privacy practices of such other sites. We encourage you to be aware of their privacy policies. This policy only applies to information collected at http://www.dedicatednode.com.

Changes to Privacy Agreement
If we decide to change our privacy policy, we will post those changes to this statement on the home page, forum, blog or other places deemed appropriate. We may also inform each client of DedicatedNode directly via e-mail, telephone, postal mail or another form of communication.

Powered By: Dell, Intel, SuperMicro, AMD, CentOS