Terms Of Services
International Web Infrastructure Provider based in Columbus, Ohio
Last updated September 9, 2014
By processing your order and using our Service you accept all of our Terms & Conditions
- Master Services Agreement
- Acceptable Use
- Subpoenas Policy
- IP Address Ownership Policy
- Copyright Claims Pursuant to the DMCA
- Money Back Warranty (30 days) and the Exclusions
DedicatedSolutions: Master Services Agreement (MSA), Terms of Service
Welcome to DedicatedSolutions a CPGVentures Entity!
Thanks for using our products and services (“Services”). The Services are provided by DedicatedSolutions, located in Columbus, Ohio 43085, United States. DedicatedSolutions is a Entity owned by CPG Ventures; a Columbus, Ohio, USA based Entity.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so based on many factors additional terms or product requirements (including age requirements) will apply. Additional terms will be available with the relevant Services, and those additional terms will become part of your agreement with us if you use those Services.
Using our Services
You must follow any and all policies made available to you with the use of the Services.
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations, the laws based in countries and locations where you or your users may operate and any other laws and regulations that may apply at all times. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from/with our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not DedicatedSolutions’. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law and we may suspend Services as we determine in our sole judgment. But that does not necessarily mean that we review content, so please do not assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you and your customers the users from obeying traffic or safety laws.
Your DedicatedSolutions Account
You will need a DedicatedSolutions Account in order to use some of our Services. To protect your DedicatedSolutions Account, keep your password confidential. You are responsible for the activity that happens on or through your DedicatedSolutions Account and all services provided.
Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and DedicatedSolutions’ policy about responding to notices.
Your Content in our Services
Our Services could be used by you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give DedicatedSolutions the Right to inspect your Content as required by DedicatedSolutions.
About Software in our Services
When a Service requires or includes downloadable software from others, you the Customer must hold permission and a valid and legal license key to unlock and use said software.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service or some portion of same altogether.
You can stop using our Services at any time, although we will be sorry to see you go. DedicatedSolutions may also stop providing Services to you, or add or create new limits and terms to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service but not to exceed 72 hours.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DEDICATEDSOLUTIONS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, DEDICATEDSOLUTIONS AND DEDICATEDSOLUTIONS’ SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
YOU THE CUSTOMER AND/OR THE CUSTOMER’S USERS AGREE BY USING ANY OF SAID SERVICES, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DEDICATEDSOLUTIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, DEDICATEDSOLUTIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify DedicatedSolutions and its affiliates, officers, agents, suppliers and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Service Level Agreement (SLA)
Services fail and acts of Nature happen. You the Client need to build a robust environment to handle any outage that can occur and DedicatedSolutions is not responsible for your design, redundancy, security, backups, data and any and all other aspects of the Services you purchase. If any of the Services DedicatedSolutions provides to You the Customer fail or are unavailable, then within 30 calendar days you must file an SLA claim as to what failed and based on the initial time of DedicatedSolutions receiving and acknowledging your initial trouble ticket until the time each Service is restored, a prorated credit will be issued based on the minutes the Services were not available. For example, if a Server is unavailable for 30 minutes over an entire month (based on 730.5 hours in an average month) then a credit of .5 / 730.5 = then a credit of .068% of 1 months billing would be due. (.5 / 730.5 = .00068446).
About these Terms
We may modify and/or add to these terms or any additional terms that apply to a Service at any time at will with No Notice Given, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of the last date reflecting modifications to these terms at the beginning of this document. We strongly suggest you copy this and other pages as they change for your convenience. Changes will not apply retroactively and will become effective immediately after they are posted. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between DedicatedSolutions and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Ohio, U.S.A., excluding Ohio’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Franklin County, Ohio, USA, and you and DedicatedSolutions consent to personal jurisdiction in those courts.
Acceptable Use Policy
This Acceptable Use Policy (“AUP”) outlines unacceptable use of the DedicatedSolutions LLC (DedicatedSolutions) Services (the “Services”). This AUP is in addition to any other terms and conditions under which DedicatedSolutions provides the Services to you.
DedicatedSolutions may modify the AUP from time to time at any time with no notice by posting a new version of this document on the DedicatedSolution’s Web site.
Questions about this AUP (e.g., whether any contemplated use is permitted) and reports of violations of this AUP should be directed to [email protected].
Prohibited content, uses and activities include, without limitation, any use of the Services in a manner that, in DedicatedSolution’s reasonable judgment, involves, facilitates, or attempts any of the following:
- violating any law;
- displaying, performing, sending, receiving or storing any content that is obscene, inappropriate, offensive, or otherwise objectionable, even if the material or its dissemination is lawful;
- harassing any person or advocating or encouraging violence or damage of any kind against any person, entity, property or government;
- infringing, violating or misappropriating another’s rights;
- obtaining unauthorized access to, or interfering by any means with, any user, system, network, service, or account, including evasion of filters or violation of the security or integrity of any network or system;
- distributing computer viruses or malware of any kind or
- sending, receiving or supporting email messages that are unsolicited, deceptive, anonymous, excessively voluminous or that contain falsified identifying information, including spamming and phishing.
You are responsible to ensure that use of the Services and content is in compliance with all applicable laws, including laws where the Services or content is uploaded, hosted, stored, accessed or used, and to implement necessary restrictions to prohibit use by any individual (e.g. restrictions on access by minors) or in any jurisdiction, as required to comply with such laws. DedicatedSolutions reserves the right in DedicatedSolution’s sole judgment to take all actions it deems appropriate to protect DedicatedSolution’s reputation and values in the market. Similarly, DedicatedSolutions reserves the right to take all actions it deems appropriate to comply with applicable laws.
We are a provider of data center services centered on the delivery of on-demand server infrastructure. We do not manage the content or applications hosted from our infrastructure as this is the direct responsibility of our customers, many of whom are, in fact, hosting resellers. It’s possible that the information you are requesting belongs to the client of our client or even to a client another tier down.
How to Submit a Subpoena
DedicatedSolutions LLC (DedicatedSolutions) accepts subpoenas on normal business days sent via overnight mail, express delivery (FedEx, UPS Red and others) and hand-delivery.
C/O Perez and Morris
8000 Ravine’s Edge Court, Suite 300
Columbus, Ohio 43235
How and When We Will Reply to a Subpoena
Pursuant to the terms of its MSA, DedicatedSolutions will respond to all valid subpoenas or court orders from entities and courts that have proper subpoena power and jurisdiction over DedicatedSolutions.
It is important to include as much detail and information as possible or allowed within the subpoena. The following are the basic requirements:
- Times and Dates
- IP information
- Domain/Website/Host information
- Whether the subpoena may be disclosed to the customer (unless it specifies that the request must remain confidential, DedicatedSolutions will notify its customer of the pending subpoena)
We understand the generally time-sensitive nature of each subpoena request. Unless we are required to notify our customer of the subpoena and allow them the opportunity to object or otherwise respond, we have a turn-around time of 48 business day hours or less, excluding special circumstances and/or in a situation where there is missing or incomplete information in the request. We will provide responses to the subpoena via fax, email, or regular mail, so please include your preferred method of delivery and your contact information. We are required to disable accounts engaged in illegal activity, even if that activity is brought to our attention through a request for records. If disabling or restricting user access to the user’s profile will jeopardize your investigation, you should clearly specify “DO NOT DISABLE UNTIL XX/XX/XXXX” on your request. Please note however, if the matter has already been reported independently to our operations team, they may take independent action.
IP Address Ownership Policy
All IP addresses assigned to customers by DedicatedSolutions remain sole and permanent property of DedicatedSolutions, and are to be used exclusively on equipment located in the DedicatedSolutions datacenters and connected to the DedicatedSolutions network. If a customer cancels their services, they may not take the IPs that they used with them, rather they will be reclaimed and re-issued to other customers in the future.
Customer-Provided IP Addresses
Customers may provide their own RIR-issued IP addresses, subjected to certain technical limitations and verification of ownership that will be assessed by the networking department at time of request. IP prefixes owned by customers must be specified on a Letter of Authority (LOA) presented to DedicatedSolutions, and once approved will be announced via BGP on the customer’s behalf and routed to the customer’s servers. They remain the property of the customer at all times. At the customer’s request, or should the customer cancel their services, DedicatedSolutions will cease to announce and route those IPs. While DedicatedSolutions will make reasonable efforts to ensure BGP prefixes are accepted by all upstream ISPs, we cannot guarantee global reachability for customer-owned IPs.
Review / Justification / Efficiency Guidelines
Because IPv4 addresses are a scarce resource, RIRs require ISPs to document that they are efficiently utilizing existing assigned addresses and are planning efficient utilization of any addresses being requested. RIR policies and RFC2050 promote conservation and deter wasteful use or stockpiling of IP space. DedicatedSolutions is required to abide by these policies when we go to the RIRs to request more IP addresses to allocate, which means we must collect this information from our customers; failure to do so could result in any future requests we make to our RIRs being denied.
All customer IP address requests are subjected to review by DedicatedSolutions to ensure efficient utilization and are not guaranteed to be approved. During the review, customers will be required to provide details about how each IP address will be utilized and technical justification as to why additional unique IP addresses are needed. When applicable, DedicatedSolutions may take steps to verify the validity of the information provided, including network scanning and server configuration inspection.
An initial review may take up to 5 business days, and depending on size and complexity may require additional time for completion. Accounts with open abuse tickets will have their IP requests held for processing until all abuse issues have been resolved.
Customers may continue to use assigned IP addresses as long as the usage information presented remains valid. DedicatedSolutions may request a review of customer IP utilization at any time, and will reclaim resources no longer found to be efficiently utilized as determined solely by DedicatedSolutions.
Privacy of IP Address Information
DedicatedSolutions is required to provide customer reassignment information for all IP addresses, and does so via publishing publically viewable ‘rwhois’ records. Details provided by customers during the IP address request process may be shared privately with the RIRs when needed to demonstrate DedicatedSolutions’s adherence to policies of efficient utilization.
Copyright Claims Pursuant to the DMCA
Pursuant to Title II of the Digital Millennium Copyright Act (DMCA), all claims of copyright infringement for material that is believed to be residing on DedicatedSolutions network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices listed below:
How to Report A Claim of Infringement:
If you believe a DedicatedSolutions’s client and/or end user has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via regular mail or express services to DedicatedSolutions
and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. Section 512(c)(3); if you do not understand the language please seek independent advice):
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DedicatedSolutions to locate the material.
- Information reasonably sufficient to permit DedicatedSolutions to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Failure to submit copyright infringement notification as described above will result in no legal notice or action on behalf of DedicatedSolutions.
How to Make a Counter Notification:
If you are a DedicatedSolutions client and/or end user, i.e., subscriber, and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter notification. 17 U.S.C. Section 512 (g)(3) requires that to be valid, the counter notification must be written and addressed to our agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
DedicatedSolutions is not required to respond to counter notifications that do not meet the requirements above.
Our designated agent will present your counter notification to the Complaining Party. Once your counter notification has been delivered, DedicatedSolutions is allowed under the provisions of 17 U.S.C. Section 512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on DedicatedSolutions’s system or network.
Any person who knowingly materially misrepresents under this section:
- that material or activity is infringing, or
- that material or activity was removed or disabled by mistake or misidentification
shall be liable for any damages, including costs and attorney’s fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by DedicatedSolutions, who is injured by such misrepresentation, as the result of DedicatedSolutions relaying upon such misrepresentations in removing or ceasing to disable access to it.
Submit your Claim and/or Counter Claim to:
Copyright Infringement Department
C/O Perez and Morris
8000 Ravine’s Edge Court, Suite 300
Columbus, Ohio 43235
C/O Perez and Morris
8000 Ravine’s Edge Court, Suite 300
Columbus, Ohio 43235