Terms of Service
1. Acceptable Use Policy
1.1. You are prohibited from uploading any material that violates or infringes upon the copyright, intellectual property rights, or trademark rights of any individual or organization.
1.2. Engaging in or promoting activities such as piracy, hacking, cracking, phreaking, warez distribution, or the use of exploitative software or text is strictly forbidden.
1.3. You must not publish any material that is grossly offensive, including but not limited to, the exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy. This encompasses material that defames, abuses, harasses, or threatens any person or group.
1.4. The sending of unsolicited emails (spam) is strictly prohibited. You may not reference DediOutlet, LLC in any unsolicited emails you send.
1.5. The distribution or hosting of illegal content, malware, or any content intended to harm or exploit others is strictly prohibited.
2. Legal Compliance
2.1. The use of our services to commit any criminal act that violates local, state, or federal laws of the United States of America is forbidden.
3. Responsibility and Liability
3.1. You are solely and fully responsible for the contents of your account. Any repercussions arising from your content will be borne solely by you as the account holder.
3.2. DediOutlet, LLC shall not be liable for any damages, including but not limited to, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use or inability to use DediOutlet, LLC services, or any content thereon. This disclaimer applies to any damages or injury 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.
3.3. By agreeing to these Terms of Service, you agree to indemnify, defend, and hold harmless DediOutlet, LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of our services, including any breach by you of these Terms of Service.
4. Refunds and Billing
4.1. Due to the nature of our industry, we generally do not offer refunds. However, we offer a 24-hour refund policy for non-custom dedicated servers and virtual services if there are any issues with the order or if the server does not meet the customer's needs. This policy does not apply to bulk orders, and customers are allowed one refund per month, or at our discretion. If this policy is abused, the customer's account will be permanently closed.
4.2. After 24 hours, any refunds that we deem necessary will be applied as account credit.
4.3. A billing dispute does not exempt you from paying current and future bills. Billing disputes resolved in the customer's favor will receive account credit for overpayment.
4.4. Account credit will not be paid out by any means, for any reason. Account credit must be used for DediOutlet services and cannot be cashed out.
4.5. All refunds and account credits are issued at our discretion.
5. Data and Hardware
5.1. We are not liable for any damage or loss of data due to insufficient cooling, heating, bandwidth, or acts of God, including colocation or dedicated servers.
5.2. Clients are expected to back up their data and utilize RAID configurations. We bear no sympathy for clients who claim data is important after a hard drive failure.
5.3. DediOutlet, LLC will not return colocated hardware if a negative balance is present. Equipment will be returned once the balance is resolved.
5.4. If a colocation customer defaults on payments for over 20 days, DediOutlet, LLC reserves the right to seize and sell the client's hardware to cover overdue balances.
6. Service Provision
6.1. Orders for a /26 IP block or larger may take up to 4 business days to prepare. Please consider this timeframe when placing an order.
6.2. Any client found spamming or violating our Acceptable Use Policy may be terminated without warning and without refund.
6.3. IP spoofing is strictly prohibited and disabled across our entire infrastructure.
6.4. Clients with IPMI/remote access to their hardware are responsible for OS reloads and maintenance. Clients without IPMI/remote access are entitled to one free manual OS reload per service each month. Additional reloads will incur a fee for each occurrence.
6.5. Clients are prohibited from contacting our upstream providers regarding our services. Violation of this policy will result in termination.
6.6. Service bandwidth is measured from the date of registration, not the first of the month, to prevent abuse and purposeful network utilization.
6.7. We do not guarantee the deliverability of mail from our IP addresses and will not provide refunds if this occurs.
6.8. Cross-connect fees are $25 per month. BGP sessions with our ASN are $35 per month, while BGP sessions with our providers through our infrastructure are $25 per month plus the ISP's costs. Additional network configuration is billed at $150 per hour for labor.
6.9. By default, all services are automatically suspended after 2 days of being overdue and terminated after 4 days of being overdue. All data is immediately wiped upon termination and is not recoverable.
6.10. We reserve the right to terminate a server at any time once a service is overdue, regardless of the default suspension and termination timelines.
6.11. All orders are subject to fraud checks using MaxMind, a fraud detection system that analyzes factors such as IP address, geolocation, and other data points to assess the likelihood of fraud. To avoid having orders flagged as fraud, customers should use their correct address, name, and other personal information, avoid using VPNs, refrain from using virtual cards, and consider using cryptocurrency as a payment method (crypto payments are not fraud-checked). This helps prevent card fraud, card testing, and fraudulent chargebacks. If an order is flagged as fraud, it will not be accepted until reviewed and approved by us. Customers will receive an email requesting verification of the information associated with their payment method, including providing a clear picture of an identifying document that matches the information provided in their PayPal or Credit Card used with Stripe. The order will be processed upon successful verification.
7. Termination and Account Management
7.1. We are not responsible for the cancellation of automatic subscriptions once a service is canceled or terminated. Overpayments will be credited to the account.
7.2. Clients are prohibited from disabling or modifying the IPMI/BMC (Intelligent Platform Management Interface/Baseboard Management Controller) functionality of any server provided by the company. Violation will result in a $25 correction fee per occurrence.
8. Modifications
8.1. We reserve the right to update and modify these terms at any time, for any reason, with or without notice.
9. Email Services
9.1. SMTP Port 25 (Simple Mail Transfer Protocol) is disabled by default for all services to prevent spam and IP blacklisting. Port 25 may be enabled upon request under specific conditions:
9.1.1. There is a $5/month additional fee for enabling Port 25 on a single IP, and a $3/month/IP fee for enabling Port 25 on multiple IPs.
9.1.2. The fee structure applies to all IPs associated with the service. Enabling Port 25 on one IP requires enabling it for all IPs in the service, with corresponding fees.
9.1.3. Customers must complete a questionnaire detailing the type and volume of emails to be sent, the configuration of SPF and DKIM records, consent-based emailing practices, and GDPR compliance.
9.1.4. We monitor over 100 blacklists twice daily. If an IP with Port 25 enabled is listed on any blacklist, a $15/IP fee will be charged for reputation cleaning. After three blacklist incidents, the continuation of the service will be re-evaluated.
10. Discounts
10.1. Discounts will not be retroactively applied to active services under any circumstances. Discounts are only applicable during their active periods.
10.2. If a customer wishes to replace a non-discounted service with a discounted service, they must place a new order for the discounted service.
10.3. We reserve the right to decline the application of any discount at our discretion. This ensures that discounts are applied in a fair and controlled manner.
11. Service Level Agreement (SLA)
11.1. We offer a 99.99% uptime guarantee on a monthly basis. If we fall outside of this uptime guarantee, we will offer account credit equivalent to the amount of time outside of the 99.99% uptime.
11.2. This SLA only covers mass outage events affecting multiple customers and does not include individual server uptime.
11.3. The SLA does not cover downtime on a single server basis due to hardware failure, lack of backups, or any software-related issues.
12. Support Services
12.1. We are an unmanaged hosting company. This means we are responsible only for our network, power, cooling, and physical space. The only software support we provide is the initial installation of the operating system. Once the server credentials are handed off to the customer, we do not offer any additional support.
12.2. If additional support is required, we charge $120 per hour in 15-minute increments for "Remote Hands" service. Hardware failures will be resolved at no additional cost.
12.3. For colocation services, we do not charge for physical tasks that take less than 10 minutes, such as drive swaps, moving cables, and other quick tasks.
12.4. Our automatic provisioning system allows customers to automatically boot into rescue software to fix their issues, such as SysRCD, Hiren's Boot CD, UBCD, Clonezilla, GRML Linux, Finnix, and more.
12.5. We are not responsible for booting issues once the OS is successfully installed, as long as the issue is OS-side and not hardware-side, such as a POST or BIOS issue.
12.6. In the event of a drive failure, we will offer to replace the drive and reinstall the OS. We do not offer data recovery services. If a drive fails and the customer needs the data, they can attempt to recover the data themselves or have us ship the drive to a data recovery specialist at their expense. Customers are strongly advised to maintain regular backups to avoid data loss.