Yeah, they stink but we've got to have em.
The following are the terms and conditions for using DataWagon LLC services, network and any other offerings. Please read these conditions carefully as they may affect your service offering. Should you have any questions with the following services outlines, please contact us immediately.
All services provided by DataWagon Servers (“DataWagon 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, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DataWagon LLC from any claims resulting from the use of service which damages the subscriber or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to DataWagon LLC’s servers, or any other server on the Internet.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill for each gigabyte of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gigabyte will be treated and billed as the same. For customers billed via 95th percentile metering, the standard overage rate is 1.5 times the commitment rate (per mbps) unless otherwise noted on the customer contract.
DataWagon LLC may provide versions of the Service with different speeds and bandwidth usage limitations, among other characteristics, subject to applicable Service plans. You shall ensure that your use of the Service does not restrict, inhibit, interfere with, or degrade any other user’s use of the Service, nor represent (in the sole judgment of DataWagon LLC) an overly large burden on the network. In addition, you shall ensure that your use of the Service does not restrict, inhibit, interfere with, disrupt, degrade, or impede DataWagon LLC’s ability to deliver and provide the Service and monitor the Service, backbone, network nodes, and/or other network services.
You further agree to comply with all DataWagon LLC network, bandwidth, and data storage and usage limitations. You shall ensure that your bandwidth consumption using the Service does not exceed the limitations that are now in effect or may be established in the future. If your use of the Service results in the consumption of bandwidth in excess of the applicable limitations, that is a violation of this Policy. In such cases, DataWagon LLC may, at its sole discretion, terminate or suspend your Service account or request that you subscribe to a version of the Service with higher bandwidth usage limitations if you wish to continue to use the Service at higher bandwidth consumption levels.
DataWagon LLC's Acceptable Use Policy is located here and should be considered an extension of this Terms of Service. Any violation of the Acceptable Use Policy is considered a violation of this Terms of Service.
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of DataWagon LLC must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Client agrees they are purchasing a subscription based service and are agreeing to the term length set forth of that particular service, ie; monthly, quarterly, semi-annual, annual, bi-annual, etc. By the Account Activation Date of each month, DataWagon LLC shall either: (1) debit the client’s credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to DataWagon LLC by no later than the specified payment due date. DataWagon LLC shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with alternative payment methods within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, can be suspended.
Certain services carry a set-up fee charged by DataWagon LLC to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to DataWagon LLC and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. No refunds are given on any VPS, Cloud, Colocation, Dedicated Servers or any other service DataWagon provides. No refunds are provided on setup fees for any VPS, Cloud, Colocation, Dedicated Servers or any other service DataWagon provides. We require 7 days notice prior to the beginning of the next billing period for cancellation. PLEASE NOTE: domain name registration fees WILL NOT be refunded.
We reserve the right to refuse, cancel or suspend service, at our sole discretion at any time without prior notice.
DataWagon LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from DataWagon LLC's servers going off-line or being unavailable for any reason whatsoever. Furthermore, DataWagon LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of DataWagon LLC's servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to the Abuse Department. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
DataWagon LLC cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by DataWagon LLC are resold. Thus, certain equipment, routing, software and programming used by DataWagon LLC are not directly owned or written by DataWagon LLC/DataWagon Servers. Moreover, DataWagon LLC holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as DataWagon LLC sees fit.
By activating your account with DataWagon LLC, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem. DataWagon LLC reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.