Legal Information
Terms of Service
Last Modified: July 16, 2010
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.
All dedicated server customers are responsible for their own backups. Server Complete, LLC does not make backups of dedicated server customers. If for any reason data becomes lost or corrupt, we will work with you to resolve the problem.
First Spam Abuse Notification (Server Complete, LLC -> Client):
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
Service interrupted for non-payment is subject to a $50 reactivation fee. Data stored on a Customer Servers 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 $10.00 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 5 days past due, all services affiliated with the invoice are subject to immediate suspension. Excessive tardiness will not be tolerated and could result in services being terminated or additional late fees being assessed.Cancellations
Server Complete, LLC requires a five (5) day notice of cancellation prior to the billing date for the upcoming term. A three (3) day notice before the upcoming billing date is also required for any downgrades. Failure to submit for a proper cancellation will result in the due balance being sent to a collections agency and a $200 Administrative Fee being issued on the account. All cancellations must be submitted via the form within the Billing sector of your client area, any other means of cancellation is not valid!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. One free Operating System reinstallation is provided to all dedicated server and Windows VPS customers, each additional Operating System reinstallation will be a flat $25 fee. Linux VPS customers may reinstall their Operating System from within their control panel interface. 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
We perform daily backups on all of our VPS nodes to ensure critical files are never lost. Our server software does not create daily backups for users sites, you must manually create a backup that you may download on your own, we do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups.All dedicated server customers are responsible for their own backups. Server Complete, LLC does not make backups of dedicated server customers. If for any reason data becomes lost or corrupt, we will work with you to resolve the problem.
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 assess a $25 fine. Failure to pay the fine within 24 hours may result in service interruption, due to suspension.
- After three Abuse Notifications are issued service may be subject to termination, as well as ineligibility to order any future servers.
- If an IP range or IP address has been black-listed as a result of a spam complaint, Server Complete, LLC will issue a fine of $200 and may terminate the service.
- 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, as well as issue a $25 fine.
- On the second notification, Server Complete, LLC will issue a fine of $25.00 per complaint received, with a maximum of 5.
- On the third complaint, Server Complete, LLC will terminate service as well as issue a fine of $25.00 per additional complaint received, with a maximum of 10.
- 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 offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
- On the second instance of server compromise Server Complete, LLC reserves the right to terminate the client's services.
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 an 'Administrative Fee' of $250, and if severe enough, potential termination of the server or account. A second violation will result in an 'Administrative Fee' of $500 and will also result in the immediate termination of the server or 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 Server Complete, LLC personnel must spend to investigate the matter, to be charged only if claims are found to be valid. 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 gigabyte at a rate of $0.50 (fifty cents). 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.
