Terms of Service
Last updated on January 23th, 2018
IMPORTANT NOTICE: *All Payments To DediOne.com Are Non-Refundable*
DediOne ("DediOne") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of DediOne Service constitutes acceptance and agreement to DediOne's AUP as well as DediOne's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of DediOne and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Nevada, Clark County applicable to contracts enforceable in that state. Venue will be Clark County, Nevada
- Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition DediOne shall have the right to terminate all service set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
- Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that DediOne automatically charges subscriber’s credit card every month. DediOne reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date.
- Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by DediOne may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Colocation servers that are terminated for non payment will be considered abandoned and forfeited after 30 days.
- Refund and Disputes: All payments to DediOne are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in DediOne's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay DediOne an "Administrative Fee" of not less than $50 and not more than $150.
- Failure to Pay: DediOne may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Account Cancellation: All requests for canceling accounts must be made via email to firstname.lastname@example.org with at least 7 days. You must have all account information to cancel.
- Service Interruptions: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.
- Invoicing: DediOne does not send out invoices automatically. If a subscriber needs an invoice, they can request one at email@example.com
- Datacenter public access: Public access to DediOne datacenter is allowed to existing clients only and to individuals interested in guided tour. All visits must be scheduled at least 24 hours prior to the visit. Guided tours are allowed only during regular business hours Monday to Friday. Local clients who need emergency access to their server have to contact our tech support and announce their arrival at least 15 minutes prior to the visit. Existing clients who wish to access the datacenter agree to pay any related charges such as security pass, property pass or assistance of our employees. Existing client agrees to submit their photo ID for our records prior to initial visit of our datacenter.
- Support Boundaries: DediOne, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) All servers housed at our facility are unmanaged, DediOne only ensures that the server is online and is remotely accessible.. DediOne does not offer tech support for application specific issues such as cgi programming, html or any other such issue. DediOne does not provide technical support for YOUR customers. If you can email, we encourage you to email firstname.lastname@example.org for assistance.
SPAM and Unsolicited Commercial Email (UCE): DediOne takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of DediOne may not use or permit others to use our network to transact in UCE. Customers of DediOne may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
- Violation of DediOne's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, DediOne will initiate an immediate investigation (within 48 hours of notification). During the investigation, DediOne may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, DediOne may, at its sole discretion, restrict, suspend or terminate customer's account. Further, DediOne reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. DediOne will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that DediOne personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions of their clients over the DediOne network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
- IMPORTANT NOTICE : Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
- IP Address Ownership: If DediOne assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to DediOne, and Customer shall have no right to use that Internet Protocol address except as permitted by DediOne in its sole discretion in connection with the Services, during the term of this Agreement. DediOne shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by DediOne, and DediOne reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame DediOne reserves the right to retract IPs that are not being utilized without notifying the client
- Bandwidth Usage. DediOne will monitor Customer's bandwidth. DediOne shall have the right to take corrective action if Customer's usage negatively impacts other clients.
- Second Violation: Users that DediOne determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the DediOne Network. Violations of system or network security may result in civil or criminal liability. DediOne will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
- DediOne is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
- First violation: Any User, which DediOne determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at DediOne's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that DediOne determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
- We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
- Outgoing Email: DediOne reserves the right to limit or block any or all outgoing SMTP traffic to customer if suspected of malicious behaviour. DediOne is not responsible for any service degradation this may cause, and is at no point obligated to allow such service. In the event of customer requiring SMTP service for legitimate reasons, customer must provide compelling evidence justifying such request.
- Suspension of Service or Cancellation: DediOne reserves the right to suspend network access to any customer if in the judgment of the DediOne network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which DediOne chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. Customers of colocation servers must make arrangements for the server to be picked up and removed from DediOne.com. The server will be considered abandoned and forfeited after 30 day.
Indemnification: DediOne wishes to emphasize that in agreeing to the DediOne Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies DediOne for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to DediOne or the bringing of any claim against DediOne by any third-party. This means that if DediOne is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against DediOne, plus all costs and attorney's fees.
- Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the DediOne.com shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.
- Customer acknowledges that colocation servers can be damaged from shipping and handling of the colocation servers. Customer shall not hold DediOne.com liable for damage to any colocation server for any reason. The customer is responsible for insuring the monetary value the of the colocation server for the value of the server. In no event shall the company be liable for any special or consequential damages, loss or injury.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
- A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
- Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
- DediOne takes no responsibility for any material input by others and not posted to the DediOne Network by DediOne. DediOne is not responsible for the content of any other websites linked to the DediOne Network; links are provided as Internet navigation tools only. DediOne disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- DediOne is not responsible for any damages your business may suffer. DediOne does not make implied or written warranties for any of our services. DediOne denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by DediOne.
- Responsibility for Content: Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the DediOne.com shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.
Acceptable Use Policy
The following are considered violations of DediOne Internet Service's AUP (Acceptable Use Policy):
- Illegal usage: Use of DediOne's services for illegal purposes, or in the support of illegal activities. DediOne Internet Services reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Threats: Use of DediOne's services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment: Use of DediOne's services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another person.
- Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- Fraudulent activity: Use of DediOne's services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" and "chain letters."
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of DediOne's services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
- IMPORTANT NOTICE: Any customers hosting websites or services on their servers on their server that support spammers or causes any of our IP space to be listed in any of the various spam databases will have their server immediately removed from our network. The servers will not be reconnected until such time that the customer agrees to remove ANY and ALL traces of the offending material immediately upon reconnection and agrees to allow us access to the servers to confirm that all material has been COMPLETELY removed. Severe violations may result in the immediate and permanent removal of the servers from our network without notice to the customer. Any servers guilty of a second violation WILL be immediately and permanently removed from our network without notice.
- E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the DediOne service is in violation of this AUP.
- Usenet Spamming: DediOne has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements that violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access: Use of the DediOne service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DediOne or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending DediOne account is subject to immediate termination.
- Copyright or trademark infringement: Use of the DediOne service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited.
- Collection of personal data: Use of the DediOne service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.
- Network disruptions and unfriendly activity: Use of the DediOne service for any activity which affects the ability of other people or systems to use DediOne Services or the Internet is prohibited. This includes "denial of service" (DDoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the customer’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. DediOne will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
- Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. DediOne does not tolerate fraud.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
- Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using DediOne services could result in the suspension of service.
- Third Party Accountability: DediOne subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
- Adult content: Adult content is allowed.
- IP Addresses: Using IP addresses that were not assigned by DediOne.
- Support to Terrorists: Using DediOne services to provide support or resources (including concealing or disguising the nature, location, source, or ownership of support or resources) to any organization designated by the U.S. government as a terrorist organization pursuant Section 219 of the Immigration and Nationality Act.
- Gambling: Using DediOne services for or to promote gambling that is or may be prohibited or restricted by any state or federal gambling laws or regulations.
- Harm to Minors / Child Pornography: Using DediOne services to harm minors in any way or transmitting (by email, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any child pornography as defined by U.S. law.
- Violation of Security: Violating or attempting to violate the security of DediOne's systems.
- Shared Unmetered Bandwidth Plans: Shared unmetered plans are, by their nature, shared among several clients. Acceptable use of the shared unmetered port product line is limited to usage that does not interfere with other clients on the same line. Expected sustained throughput is approximately 30-40% of the port capacity. Sustained usage higher than that may result in traffic shaping or rate limiting the port, at DediOne's sole discretion.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you place an order or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To improve our website in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.'
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third Party Links
We do not include or offer third party products or services on our website.
California Online Privacy Protection Act
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online. We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
Dedione.com, part of Etclouds Limited. Located at 220 Emerald Vista Way, #241, Las Vegas, NV 89144, United States. email@example.com