Support Server Manager VPS Panel

Terms of Service

Welcome to Elcro Digital Services, LLC ("we", "us", "our", or "the Company"). By using our services, including Dedicated Servers, Virtual Private Servers (VPS), and Colocation, you ("the Client", "you", or "your") agree to comply with and be bound by the following Terms of Service. Please read them carefully before using our services.

Services Provided

We offer fully dedicated server solutions where the Client has exclusive use of the hardware, virtualized environments where resources are shared but each VPS instance operates independently, and space in our data centers where the Client can place their own hardware and utilize our infrastructure, including power, cooling, and network connectivity.

Acceptance of Terms

By purchasing or using our services, you agree to be legally bound by these Terms of Service. If you do not agree, you must discontinue the use of our services.

Client Responsibilities

Clients are responsible for providing accurate, up-to-date information when registering and must keep this information current. You are responsible for maintaining the security of your server environment, including passwords and other sensitive information. You are also responsible for the content hosted on your servers. We do not monitor content, but we reserve the right to remove illegal or prohibited content. Clients must comply with all applicable local, state, national, and international laws.

Prohibited Activities

Clients may not host or transmit illegal content, including but not limited to pirated software, copyrighted content without authorization, and materials promoting illegal activities. The use of our services for any form of spam, DDoS attacks, phishing, or other malicious activites are strictly prohibited. Excessive use of CPU, bandwidth, or other resources that negatively impact other clients is also prohibited.

Billing and Payment

All services are billed on either a monthly, quarterly, or annual basis, unless otherwise agreed upon. Payments must be made on or before the due date indicated on your invoice. If payment is not received by the due date, a late fee of 6% of the outstanding balance will be charged per day. If payment is still not received within seven (7) days after the service is suspended, the service will be terminated, and all data may be permanently deleted.

Non-Payment Consequences

  • A 6% late fee will be applied daily to any overdue balance starting from the due date.
  • If payment is not received within seven (7) days after suspension, the service will be terminated, and any data associated with the service will be irretreivable.
  • Reinstating a terminated service will require the Client to settle any outstanding balances, including late fees, and a possible setup fee to restore the service.

Refund Policy:

Due to the nature of the services provided, we are unable to provide refunds for Dedicated Servers or Colocation services. Refunds for VPS servers are available only within 24 hours of purchase. After this period, no refunds will be issued. Setup fees and software licenses are non-refundable.

Colocation

Access to the data center is restricted to Clients who have purchased half rack and above colocation services. Clients are responsible for the maintenance, setup, and configuration of their own equipment. We aren ot liable for hardware failures or losses related to the Client's equipment. Access to the datacenter is by appointment only and must follow our security protocols at all times. We gaurantee the availability of power and network connectivity as specified in the Client's agreement.

Free Remote Hands:

  • Remote / Power Cycle
  • General Button Pressing
  • Shipment Receiving and Unpacking
  • Remote Eyes / Screen Readouts
  • KVMoIP On-Demand
  • CD-ROM / External Drive Attach
  • Hot-Swap Bay Modifications
  • Initial Server Racking / Neat Cabling

Remote Hands Rates:

  • Non-Urgent: $100/hr, scheduled for the next data center visit, billed in 15-minute increments.
  • Urgent: $175/hr, handled the next day, billed in 1-hour increments.
  • Emergency: $225/hr, handled within 30 minutes, billed in 1-hour increments

These remote hands services are available to assist with tasks such as rebooting servers, troubleshooting hardware issues, and other on-site requirements. Requests must be made through the designated support channels.

Suspension and Termination

We reserve the right to suspend services if a Client violates these Terms of Service. We will provide notice when feasible but are not required to do so. Immediate termination may occur if a Client engages in prohibited activities or failes to comply with the Terms of Service.

Limitation of Liability

We are not liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use our services, including but not limited to service interruptions. We do not gaurantee the backup of data on our services. Clients are responsible for maintaining their own backups, and we are not liable for any data loss resulting from the use of our services.

Indemnification

The Client agrees to indemnify and hold harmless Elcro Digital Services, LLC, its affiliates, and employees from any claims, damages, liabilities, and expenses arising from the Client's use of our services.

Modification to Terms

We reserve the right to update or modify these Terms of Service at any time. Changes will be effective upon posting to our website. Continued use of our services after changes constitutes acceptance of the new Terms.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any legal action arising out of or relating to these Terms shall be filed in the appropriate courts located within the Commonwealth of Pennsylvania.

Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between the Client and Elcro Digital Services, LLC, superseding all prior agreements and understandings

Last Updated: October 27th, 2024

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