1. Agreement to these terms
These terms of service govern your use of services provided by D4 Networks L.L.C. ("D4 Networks", "we", "us"), a Missouri limited liability company located in North Kansas City, Missouri, USA. By ordering or using any service you agree to these terms and to the acceptable use policy, which is part of this agreement. If you agree on behalf of a company, you confirm that you have authority to bind it.
2. The services
We provide cloud VPS, dedicated servers, and related infrastructure services from facilities in New York, Dallas, and Amsterdam. DDoS protection is included with every server. The specification, price, and billing cycle of each service are shown at the time of order and in your client area.
3. Accounts and security
You must provide accurate account and contact information and keep it current. You are responsible for keeping your credentials secure and for all activity under your account, including activity by your employees, contractors, and end users. The client area is the authoritative channel for managing services, billing, and cancellations. Tell us promptly if you believe your account has been accessed without authorization.
4. Billing and payment
Services renew and bill on their anniversary date, based on the date the service was ordered and the billing cycle you chose. Renewal invoices are issued ahead of the due date and are payable by the due date shown. Prices may change with notice given before your next renewal. Applicable taxes are added where required.
5. Overdue accounts
We send payment reminders before and after each due date. If an invoice remains unpaid:
- The service may be suspended on the first day it is overdue.
- An account overdue by 14 days is terminated and its data is deleted. We send a final notice before termination.
- Deleted data cannot be recovered. Keep your own backups (section 10).
6. Cancellations and refunds
Cancel any service from the client area, which is how we verify the request is genuine. Cloud VPS may be cancelled at any time before renewal, effective at the end of the paid period or immediately at your choice. Dedicated servers require a cancellation request at least 7 days before the renewal date. Payments already made are non-refundable unless stated otherwise at the time of order or required by law. Services terminated for violations of these terms or the acceptable use policy are not refunded.
7. Acceptable use
Use of the services is subject to the acceptable use policy. It defines prohibited content and activity, security responsibilities, and how we enforce them. Violations can lead to suspension or termination as described there.
8. Email and anti-spam
Unsolicited bulk email is prohibited. Recipients must have opted in, you must keep records of that consent, and purchased or harvested lists may not be used. If spam sent from your service causes remediation work such as blocklist removal or IP reputation recovery, we may bill you the actual cost of that work in addition to any enforcement under the acceptable use policy.
9. Resources and fair use
Cloud VPS plans run on shared host hardware. Sustained workloads that degrade service for other customers may be throttled, and we may ask you to resize or move the workload. Dedicated servers are not subject to compute fair use since the hardware is exclusively yours, though network rules in the acceptable use policy still apply. Sustained full-load workloads such as crypto mining require prior written permission on Cloud VPS.
10. Backups and your data
You are responsible for maintaining your own backups. Any snapshots or backups we keep are a courtesy and are not guaranteed. Your data remains yours; we claim no ownership of content you host. When a service ends, its data is deleted on the timelines in sections 5 and 11.
11. Suspension and termination
We may suspend a service immediately where it presents a security risk, is subject to a legal requirement, is used in violation of the acceptable use policy, or is unpaid (section 5). We may terminate for repeated or serious violations. You may end services at any time by cancelling (section 6). Sections that by their nature should survive termination, including limitations of liability and governing law, survive.
12. Service level agreement
We commit to 99.9% monthly uptime for network and infrastructure. If we miss it, you may claim service credits through the client area. Service credits are the exclusive remedy for downtime.
13. Disclaimers and limitation of liability
Except as expressly stated in these terms, the services are provided as is and we disclaim implied warranties to the fullest extent permitted by law. To the same extent, we are not liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, or data. Our total liability for any claim is limited to the amounts you paid us for the affected service in the three months before the event giving rise to the claim.
14. Indemnification
You will defend and indemnify D4 Networks against claims arising from content you host, your use of the services in violation of these terms, or your violation of law, including reasonable legal fees.
15. Governing law and disputes
These terms are governed by the laws of the State of Missouri, without regard to conflict of law rules. Disputes will be resolved in the state or federal courts located in Missouri, and both parties consent to jurisdiction and venue there.
16. Changes to these terms
We may update these terms. For material changes we give notice by email or through the client area before they take effect. Continued use of the services after the effective date constitutes acceptance.
17. Contact
D4 Networks L.L.C., North Kansas City, MO 64116, USA