My Data Center, LLC Terms of Service
My Data Center, LLC will provide web hosting for a period of 1 year from the signup date. This contract is for the agreed upon hosting services and shall be paid out in full until the contract ends which is 1 year from the date of first payment. This contract will automatically renew 60 days before the contract end date which is 10 months after the signing of this contract. The fee for cancellation of this contract is to pay out the remainder of the term of the contract.
Customer agrees that all services provided by My Data Center, LLC may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material that is judged to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. Therefore, example of actions, contents or links such as these are prohibited in our facility and/or network:
(a) Pornography, adult related or nudity in any forms
(b) Game Server
(c) Spamming or sending unsolicited email
(d) Malware, malicious application or alike
(e) IRC Shell or Public IRC
(f) Copyright infringement or Pirated Software
Customer agrees to abide at all time by this policy. When content violation occurs in Customer’s network or area, Customer grants My Data Center, LLC the right to: (a) notify the Customer of such activities; (b) block or shutdown Customer’s offending network ports or server or network when the situation becomes severe based on My Data Center, LLC reasonable assessment; (c) terminate services under My Data Center, LLC's discretion if this violation becomes a chronic issue or if there is no appropriate remedy implemented by the Customer to correct the issue. Customer in violation of this policy shall be responsible for all the cost associated with the damage and the cleaning fee to the affected parties.
NO HIGH RISK USE. You may not use the Services in any situation where failure or fault of the Services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the Services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities, or Class III medical devices under the Federal Food, Drug and Cosmetic Act.
Client agrees to pay monthly invoices to My Data Center, LLC in a timely manner, in advance for any month in which he wishes to continue hosting services. Client has option to pay quarterly, semi-annually or annually.
Monthly hosting fee to be paid on the 1st of every month is the one chosen on purchase.
Setup fee to be paid on the immediately on purchase.
My Data Center, LLC only provides website and server hosting. We do not cover any site support under our regular hosting plans. If you need website support and admin assistance that can be provided at a fee under our managed services. We are here to provide an exceptional hosting experience. You manage the website and all login while we take care of the infrastructure running your service.
My Data Center, LLC reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer violates My Data Center, LLC’s terms of service, a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time and will be required to pay out their contract. An account will be canceled 60 days after the request is put in and all fees must be paid until account is canceled. Fees charged on a prepay basis are non-refundable. Any account that receives a charge back without talking to our billing department first will be suspended immediately.
Web hosting companies occasionally implement changes on servers which may require minor adjustments to your website code by My Data Center, LLC. Rare “down-time” or other problems requiring the assistance of My Data Center, LLC may also occur. These changes may, at the discretion of My Data Center, LLC, be billed at My Data Center, LLC’s hourly rate of $98.99.
My Data Center, LLC shall not be responsible for any loss of business or other damages resulting from occasional “down-time” or other technical problems related to the host server, whether caused by the web hosting company or by broader Internet problems beyond our control.
Your hosting account has a bandwidth usage limit set by the account chosen during purchase. We realize that from time to time, a Client may have unanticipated circumstances which cause their web sites to exceed this limit. In rare cases, such overages may result in additional charges, or temporary suspension of service. Should this occur, My Data Center, LLC will first make every effort to contact you to prevent any unexpected charges or service interruptions.
The bandwidth is determined by the amount of outbound traffic in GB. All overages will be billed at $15 per 60 GB.
Non Managed Services do not include any backup. The customer is responsible for all content and data under the services signed up for. Non managed services also do not include any support.
Managed Services and Servers
MANAGED SERVICE LEVEL. If you purchase a Managed Service Level for your account (or as part of an Order for the Services), then additional Support fees may apply (such as a monthly account fee and an additional incremental fee). If you purchase a Managed Service Level, then your use of My Data Center, LLC's Servers shall include the following monitoring and response services relating to the hardware and related infrastructure: Redundant Nightly Backup at no additional charge (you will still be responsible for fees associated with your use of My Data Center Backup storage fees). Certain enhanced Support services are available for various Services if you have purchased a Managed Service Level, for details see the applicable Service Level Agreement. My Data Center must have full root/administrator access to your Services in order to provide Managed Service Level Support. If you use Managed Service Level Services, you are responsible for updating My Data Center about password changes that limit My Data Center's ability to manage or monitor the Services. No credits or refunds will be issued for failures caused by restrictions on My Data Center, LLC's root/administrator access to your Services.
UNSUPPORTED CONFIGURATION ELEMENTS OR SERVICES. If you ask us to implement a configuration element (hardware or software) or other service in a manner that is not customary at My Data Center, LLC, or that is in "end of life" or "end of support" status, we may designate the element or service as "unsupported," "non-standard," "best efforts," "reasonable endeavor," "one-off," "EOL," "end of support," or with like term in the Order (referred to in this Section as an "Unsupported Service"). My Data Center, LLC makes no representation or warranty whatsoever regarding any Unsupported Service, and you agree that My Data Center, LLC will not be liable to you for any loss or damage arising from the provision of the Unsupported Service. The Service Level Agreement will not apply to the Unsupported Service, or any other aspect of the Services that is adversely affected by the Unsupported Service. You acknowledge that Unsupported Services may not interoperate with My Data Center, LLC's other services.
SERVICE OPTIMIZATION. By using the Services, you agree that we may establish new procedures for your use of the Services as we deem necessary for the optimal performance of the Services. By using My Data Center, LLC Servers, you also agree that we may migrate your data if we determine in our reasonable judgment that server migration is required to remediate service degradation.
Managed Services do have environment and software limitations. Not all software is covered under the managed services.
The Legal Stuff
This Terms of Service document is a contract between the purchaser and My Data Center, LLC.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document and the laws of the State of Arkansas apply to this contract with the venue being in Faulkner County. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favor of My Data Center, LLC. All actions, whether brought by client or by My Data Center, LLC will be filed in the courts of Faulkner County in the State of Arkansas. The representatives signing below have the full authority to sign for the Company they are representing but they are also fully liable under this contract.
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. My Data Center, LLC as the sender and the client as recipient will acknowledge acceptance of these terms either by providing payment for services or acceptance is acknowledged at the beginning of any work on said project. By submitting payment you accept this contract in its entirety. This contract is held accountable to the legal system of Faulkner County, Arkansas, and any applicable statutes held therein.