Terms of Service



Last Modified: December 7, 2016

You will be held responsible for all actions performed by your account whether it be done by you or by others! If server security is compromised, the account holder is responsible for all violations of the TOS and AUP, including SPAM, and all disconnect and reconnect fees associated with violations.

Server Complete, LLC Responsibilities
Server Complete, LLC agrees to furnish services, which are paid for, to the Customer, subject to complete compliance to the AUP and TOS. Server Complete, LLC reserves the right to refuse any potential customer, at the sole discretion of Server Complete, LLC.

Changes
The TOS and AUP are both subject to change at any time at the sole discretion of Server Complete, LLC, a change in policy shall not be grounds for early contract termination or non-payment. Customer recognizes that the nature of the service supplied and the initial rates and charges have been communicated to Customer. The Customer is aware that from time to time rates may change based on availability of hardware and overall market fluctuations, if a change is going to in any way alter the recurring monthly bill of a customer, it will be communicated prior to actual billing.

Non-Payment/Service Interruption
All outstanding invoices and any applicable late fees must be paid to reactivate services interrupted for non-payment. Data stored on a Customer Server will not be available to the customer until reconnection is established. Customers deactivated for non-payment or charge-back are subject to their data being destroyed after 5 days from termination/charge-back date.

Refunds/Charge Backs
All services rendered by Server Complete, LLC are not eligible for a refund. All overcharges or charge disputes must be reported within 30 days of the time that the dispute occurred. If a charge, that is deemed valid by the sole discretion of Server Complete, LLC and validated by our TOS or AUP, is disputed to your Credit Card Issuer by issuing a charge-back, then you agree to pay an 'Administrative Fee' of $200, in addition to whatever amount of money was charged back.

Billing Methodology and Information
Server Complete, LLC invoices for all services 10 days prior to the due date. You are responsible for arranging payment by the due date. Accounts that become past due will be subject to a 10% (ten percent) late fee after 3 days of being overdue. This late fee is non-negotiable and will be automatically added to any overdue invoices. After an invoice becomes 3 days past due, all services affiliated with the invoice are subject to immediate suspension.

Cancellations
Services with Server Complete, LLC can be canceled at any time prior to the due date of the service. All cancellations are performed at the end of the associated billing period. All cancellations must be submitted via the form within the Billing section of the client area.

Fraud
In the event fraud is discovered, fraudulent customer is subject to immediate suspension/termination at the sole discretion of Server Complete, LLC. All information available to Server Complete, LLC about the fraudulent account/server will be submitted to both local authorities, as well any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether it is within the United States, or abroad.

Financial Liability
The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Server Complete, LLC, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Server Complete, LLC. The Customer further acknowledges that Server Complete, LLC's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred.

Support
Server Complete, LLC provides hardware support related to customers server functioning. Server Complete, LLC does not offer software support outside of the installation of items chosen from the order form. Server Complete, LLC only guarantees the default installation of any software, and in no way assumes liability for the configuration of any software. Server Complete, LLC is not responsible for any downtime associated with mis-configuration of Operating Systems. Server Complete, LLC may provide enhanced software support (including kernel configuration), for an additional fee. Please ask sales or billing for enhanced support pricing. Server Complete, LLC does not provide any type of Support to the Customers of our Customers (Third Party Customers). We will only provide support directly to Customers of Server Complete, LLC.

Data and Backups
Server Complete, LLC is not responsible for performing backups of any data stored on services provided. The customer is advised to backup all of their own files to their local drive or other means of backup. Server Complete, LLC is not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.

Spam/Bulk Email Policy
SPAM complaint procedure:
  • Identify the server the spam was initially sent from (via IP)
  • Create a comprehensive list of the spam complaints associated with the server in question.
  • An instance of a spam complaint is defined as one marketing E-mail.
  • An Abuse Notification may, and typically will be, comprised of numerous spam complaints.

First Spam Abuse Notification (Server Complete, LLC -> Client):
  • Provide the Abuse Notification to the client and allow 24-hours to client to investigate and resolve issue.
  • After three Abuse Notifications are issued service may be subject to suspension or termination at the discretion of Server Complete, LLC.
  • If an IP range or IP address has been black-listed as a result of a spam complaint, Server Complete, LLC may terminate the service at its discretion.
  • Upon receiving complaints, Server Complete, LLC will notify the client by issuing an abuse notification.
    • On the first notification, Server Complete, LLC will warn the client.
    • On the second notification, Server Complete, LLC will issue a final warning of impending service suspension or termination.
    • On the third complaint, Server Complete, LLC will suspend or terminate service at its discretion.
  • Compromised Servers Issued Spam Notifications: If Server Complete, LLC suspects that a client's server has been infiltrated in an effort to send Spam/Bulk e-mail, Server Complete, LLC will offer the following options:
    • Offer a free Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
    • If Operating System reinstallation is not accepted as an option, Server Complete, LLC may arrange a means for customer to manually retrieve/repair the files on the server.
    • On the second instance of server compromise Server Complete, LLC reserves the right to terminate the client's services.
If any Spam complaints are disputed, full logs as well as any requested information must be provided within 24 hours of the initial Abuse Notification. Failure to dispute, or provide required information within the 24 hour time period is acceptance of the notification.

DMCA Complaints
Server Complete, LLC handles any and all DMCA complaints very seriously, and will investigate them. Server Complete, LLC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The first violation of this policy will result in notification to the customer, and if severe enough, potential suspension or termination of the server or account. A second violation will result in the suspension or termination of the server or account. We take DMCA Complaints extremely seriously, save yourself and us the trouble.

Usage and Overages
Customers Agree to pay any and all overage charges accrued on their account from the previous month. Bandwidth overage charges are billed per terabyte at a rate of $5.00 (five dollars). Server Complete, LLC reserves the right to suspend any account which does not pay all overage charges. Server Complete, LLC is not responsible for spikes in bandwidth that are caused on a customer's server for any reason. Customer is liable for all bandwidth to and from their server.

Payment Verification
Customers agree to potentially having to submit to fraud checking measures, designed for both the security of the customer as well as the security of Server Complete, LLC. The fraud checks may require that the faxing of two forms of Government issued identification to Server Complete, LLC, and also a front and back copy of the Credit Card used as payment, as well as a copy of a utility bill will the billing address.