Telocity Terms of Service, and Privacy Policy. Effective Date: February 1, 2025 1. Service Level Agreement (SLA) Customers are eligible for a refund of 1/720th of their monthly bill for every hour of documented outage. Any claim under this SLA must be submitted in writing to [email protected] with supporting evidence of the outage. 2. Data Ownership and Copyright Policy Customers retain ownership of all content they host on our platform. In cases of copyright complaints, we will notify the customer of the complaint. If the complaint is substantiated and not addressed, service will be terminated. 3. Customer System Architecture Responsibility And Data Portability Customers are fully responsible for the design and management of their systems on our platform. We do not control or facilitate the migration of customer data off our systems. It is solely the customer’s responsibility to manage and transfer their data as needed. 4. Reserved for future use. 5. Additional Terms for Specific Services Certain services provided by Telocity Hosting may be subject to additional terms and conditions beyond those outlined in this agreement. These additional terms will be disclosed upon request. Customers may request a copy of any applicable additional terms by emailing [email protected]. 6. Standard Operating Procedures These Terms of Service do not cover all of Telocity Hosting’s standard operating procedures. Our internal policies and practices may affect service delivery, support processes, and other aspects of our operations. If you have any questions or require clarification on any aspect of our services, we strongly encourage you to contact [email protected] before placing an order. 7. Compliance with Stripe’s Terms By using Telocity Hosting’s services and selecting Stripe as your payment method, you acknowledge and agree that you are also bound by Stripe’s Terms of Service and Privacy Policy. Telocity Hosting has no control over Stripe’s policies, fees, or decision-making regarding transactions, chargebacks, or account limitations. It is the customer’s responsibility to review and comply with Stripe’s terms. Any disputes or issues related to payment processing through Stripe must be addressed directly with Stripe. 8. Policy Changes and Modifications Telocity Hosting reserves the right to modify, update, or change these Terms of Service, policies, and any related agreements at any time, at our sole discretion. Changes will be effective immediately upon posting to our website or upon direct notification to customers via email or other communication methods. It is the customer’s responsibility to review these policies regularly to stay informed of any updates. Continued use of our services after any modifications constitutes acceptance of the updated terms. If you do not agree with any changes, your sole remedy is to discontinue using Telocity Hosting services. 9. Links to Third-Party Websites Telocity Hosting services may include links to third-party websites that are not owned or operated by us. These links are provided for convenience only, and Telocity Hosting does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites. By accessing third-party sites, you acknowledge that Telocity Hosting is not responsible for any damages, losses, or issues arising from your use of such websites. We encourage you to review the privacy policies and terms of service of any third-party site you visit. 10. Children’s Data Retention Telocity Hosting does not knowingly provide services to, or collect personal information from, individuals under the age of 18 ("Minors"). Our services are intended for use by individuals and businesses who can legally enter into contracts. If we become aware that a minor has submitted personal information without verified parental consent, we will take steps to remove that information from our systems. Parents or guardians who believe their child has provided us with personal data should contact us immediately. 11. Indemnification Customer agrees to indemnify, defend, and hold Telocity Hosting, its affiliates, employees, officers, and agents harmless from any claims, liabilities, losses, costs, or damages, including reasonable attorney’s fees, arising from: Any service provided, performed, or agreed to be performed by the customer. Any product sold or distributed by the customer using Telocity Hosting services. Any claim alleging that materials provided by the customer infringe on intellectual property or other proprietary rights. Any violation of Telocity Hosting’s policies, applicable laws, or third-party rights by the customer or their users. Any security breaches, data loss, or unauthorized access resulting from the customer’s use of Telocity Hosting services. Customers acknowledge and agree that Telocity Hosting is not responsible for monitoring or reviewing the legality of content hosted on its network, and all liability for such content remains solely with the customer. 12. Disclaimer of Warranties and Limitation of Liability Telocity Hosting provides services "as is" and "as available" without warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. No Guarantee of Service – Telocity Hosting does not guarantee uninterrupted or error-free service, and shall not be responsible for any damages resulting from delays, outages, data loss, or disruptions. No Liability for Indirect Damages – In no event shall Telocity Hosting be liable for any incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, loss of data, or loss of business, even if advised of the possibility of such damages. Customer Responsibility – Customers are solely responsible for maintaining backups and ensuring their own security measures.
13. Disclosure to Law Enforcement Telocity Hosting may disclose customer information, including data, account records, and logs, to law enforcement agencies or government authorities if required by law, subpoena, court order, or at our sole discretion when investigating potential illegal activity. Customers acknowledge that Telocity Hosting has no obligation to provide advance notice of such disclosures and will cooperate fully with law enforcement when legally required to do so.
14. Arbitration Clause A. Mandatory Arbitration By using Telocity Hosting services, you agree that any disputes, claims, or controversies arising out of or relating to these Terms of Service, your use of our services, or any other agreement with Telocity Hosting shall be resolved exclusively through binding arbitration. Arbitration will be conducted by a neutral arbitrator instead of a judge or jury, and you waive your right to bring a lawsuit in court or participate in a class action lawsuit. B. Arbitration Process The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in a mutually agreed location or remotely via virtual proceedings. The arbitrator will have the authority to award damages, injunctive relief, and any other remedies available under applicable law. Each party shall bear its own legal fees and costs associated with arbitration, unless the arbitrator determines otherwise. C. Exceptions to Arbitration Telocity Hosting may seek injunctive or other equitable relief in court for claims related to unauthorized use, abuse, fraud, or intellectual property violations. Either party may file a claim in small claims court if the dispute qualifies. D. Waiver of Class Actions All arbitration proceedings must be conducted on an individual basis. You and Telocity Hosting agree that no arbitration will be joined with another proceeding and that class actions, class arbitrations, or representative actions are not permitted. E. Opt-Out Option You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms of Service. To do so, you must send a written, physical opt-out request by mail to Telocity Hosting. Before mailing, you must request the current mailing address by contacting [email protected]. The opt-out request must include: Your full name The email address associated with your Telocity Hosting account A clear statement that you wish to opt out of arbitration If your opt-out request is not received within 30 days of your acceptance of these terms, you will be bound by this arbitration agreement. F. Governing Law This arbitration clause is governed by the laws of the State of Connecticut, without regard to conflict of law principles. If any part of this clause is deemed unenforceable, the remaining provisions shall remain in full effect. By using Telocity Hosting services, you acknowledge that you have read, understood, and agreed to this arbitration clause.
15. Backups and Data Loss Your use of this service is at your sole risk. Telocity Hosting does not provide automatic backups, nor does it warrant any Telocity services to be considered backed up. We strongly encourage customers to maintain their own backups in a secondary location outside of our network to prevent data loss. Telocity Hosting is not responsible for any files and/or data residing on your account. You agree to take full responsibility for all files and data transferred to and stored on Telocity Hosting’s servers and to implement an appropriate backup strategy.
16. Telocity Hosting Zero Tolerance Spam Policy Telocity Hosting maintains a strict zero-tolerance policy against any form of spam. We define spam as unsolicited bulk emails, messages, or any other form of electronic communication sent without the recipient’s explicit consent. This includes, but is not limited to: Unsolicited emails (UCE) or bulk email (UBE) advertising services, products, or promotions. Use of Telocity Hosting servers or networks to send, relay, or promote spam. Sending email to purchased, rented, or third-party-sourced mailing lists. Fraudulent or deceptive email headers, return addresses, or content. Any activity that violates the CAN-SPAM Act, GDPR, or other applicable anti-spam regulations. Enforcement & Consequences Immediate Account Suspension or Termination – Accounts found to be sending spam will be suspended without prior notice. Repeat offenses may result in permanent termination. Investigation & Charges – If spam activity results in damage to Telocity Hosting’s network reputation, including blacklisting of our mail servers, the responsible account holder will be liable for recovery costs. No Refunds – Accounts terminated due to spam violations will not be eligible for refunds. Reporting Spam If you receive spam from a Telocity Hosting customer, please report it immediately by emailing [email protected] with the full email headers and message content. We take all reports seriously and will investigate accordingly. By using Telocity Hosting services, you agree to abide by this policy. Failure to comply will result in enforcement actions, up to and including account termination without refund. 17. Unacceptable Content Policy Telocity Hosting strictly prohibits the hosting, storage, or transmission of any content that violates legal, ethical, or security standards. Additionally, Telocity Hosting reserves the right, at our sole discretion, to determine whether any content is unacceptable, even if it is not explicitly listed below. A. Illegal or Harmful Content Any material that violates local, state, national, or international laws. Content that promotes, facilitates, or depicts child exploitation, human trafficking, or abuse. Unauthorized distribution of copyrighted material or intellectual property infringement (e.g., pirated software, movies, music, etc.). Fraudulent activities, including phishing sites, scams, identity theft, or deceptive financial schemes. B. Malicious or Disruptive Content Hosting, distributing, or linking to malware, viruses, trojans, keyloggers, or any other harmful software. Engaging in or facilitating DDoS attacks, botnets, hacking tools, or any network-disrupting activity. Open proxies, open mail relays, or any service intended for unauthorized network use. C. Violent, Abusive, or Hateful Content Promotion of terrorism, violent extremism, or hate speech. Content that incites or glorifies violence, self-harm, or criminal activity. Material that is defamatory, harassing, or threatening to individuals or groups. D. Unauthorized Adult Content Any illegal pornography or sexually exploitative content. Hosting or distributing revenge porn, non-consensual explicit material, or sexually violent content. Any adult content that violates local laws or involves underage participants. Telocity Hosting operates on a zero tolerance child pornography basis. Any instances of confirmed child pornography will be reported to the relevant authorities to the highest degree available under our local governing laws. E. Other Unacceptable Content Telocity Hosting reserves the right, at our sole discretion, to classify any content as unacceptable, even if it is not explicitly listed in this policy. Content that may cause harm to our network, business operations, or reputation is subject to immediate removal. Enforcement & Consequences Telocity Hosting reserves the right to immediately suspend or terminate accounts found in violation of this policy. Depending on the severity of the violation: Content removal requests may be issued, requiring immediate action. Law enforcement authorities may be contacted when applicable. No refunds will be issued for accounts terminated due to violations of this policy. Reporting Violations If you encounter unacceptable content hosted on Telocity Hosting’s network, please report it to [email protected] with details, including URLs and supporting evidence. By using Telocity Hosting services, you agree to comply with this policy. Failure to do so will result in account suspension or termination without refund. 17. Disruptive use Any use of our services that causes undue disruption to other users is grounds for immediate termination. Additionally, the following activities are strictly prohibited and will result in service termination: Any form of file sharing, including but not limited to torrenting Participation in the Tor network (as a relay or exit node) Cryptocurrency mining or any related activities
18. Payment Information You agree to provide payment for all services from Telocity Hosting in advance for the period in which such services are provided. Payments are processed securely through Stripe, our payment processor. All payments will be applied to the oldest outstanding invoice(s) in your billing account. Unless you notify Telocity Hosting of your intent to cancel any or all services, those services will continue to be billed on a recurring basis. Cancellations must be submitted in writing via a support ticket at https://portal.telocityhosting.com. Once we receive your cancellation request and verify the necessary details via email, we will confirm your account’s cancellation in writing. To ensure accuracy and security, all cancellation requests must be submitted by the account owner. The request must: Confirm your identity, Acknowledge that all files, emails, and account data will be removed upon cancellation, Provide written documentation for record-keeping purposes. 19. Billing and Late Payments As a client, it is your responsibility to keep your payment information up to date and ensure that invoices are paid on time. Unless you properly cancel your services as outlined above, billing will continue on a recurring basis. Telocity Hosting reserves the right to charge your saved payment method through Stripe for any recurring charges. Invoices must be paid within ten (10) days of the due date. Any invoice that remains unpaid beyond this period will be subject to a 10% late fee and may result in service suspension until the outstanding balance is paid in full. Access to the account will not be restored until all overdue payments are received. If a payment is made multiple times due to duplicate charges, the overpaid amount will be applied as account credit. Refunds for duplicate payments are not processed through Stripe and must be handled manually through a support ticket. Telocity Hosting reserves the right to modify pricing, payment terms, and other charges at any time with notice.
20. Recurring Credit Card Billing If you opt into our automatic recurring credit card billing, Telocity Hosting will attempt to charge the credit card on file within ten (10) business days of the due date to ensure uninterrupted service. If the payment attempt fails, you will receive a notification via email, and a second attempt will be made within five (5) business days. If you wish to disable automatic billing, you can remove your stored credit card from the client portal at https://portal.telocityhosting.com.
21. Cancellations and Refunds Telocity Hosting reserves the right to cancel, suspend, or restrict access to any account at any time, with or without notice. Exchange rate fluctuations for international payments are unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. Telocity Hosting is not responsible for any changes in exchange rates between the time of payment and the time of refund. Customers may cancel their non-term, month-to-month services at any time as outlined in this policy. Refunds are not available for shared hosting, reseller solutions, or virtual private servers. Dedicated servers come with a one (1) day money-back guarantee, starting from the date of purchase. Cancellations requested after the initial 30-day period will take effect on the renewal date of the respective hosting package. Unless specifically requested, the account will remain active until the current billing period expires. If eligible, refunds requested outside the initial 30-day period will be issued on a prorated basis, with any previously applied extended-term discounts deducted. Refunds will be processed after the account cancellation is completed. Payments older than 60 days may require a refund via mailed check, in accordance with our merchant account policies. Refunds will be processed within 30 days. No refunds will be issued if an account is terminated due to a violation of our terms of service. Additionally, the right to a refund is forfeited if a dispute or credit card chargeback is initiated.
22. Network Management Policy:
Telocity may at its sole option manage its network traffic flow, and the networks of its downstream peers in any manner which it elects.
This may include but is not limited to, without notice, rerouting or “blackholing” IP or IP Ranges subject to attack, limiting users bandwidth as required to preserve network capacity and performance, changing egress routing paths, changing reverse zone and PTR records, blocking or otherwise disabling services, ports, or other potentially dangerous traffic patterns from transiting the network.
Telocity implements best security practices such as RPKI, and source matching rules on all levels of its network. Spoofing or otherwise attempting to use IP addresses not assigned to users or subnetworks will result in immediate termination, or limitation of use of service at our sole discretion.
Bandwidth usage: Telocity supports reasonable unmetered bandwidth usage characteristics with normal hosting services.
Egress is unmetered, however if egress levels from specific users are substantially abnormal and causing disruptions to the overall Telocity network the subject users may be temporarily limited to a lower port speed until traffic returns to normal characteristics as determined solely by Telocity.
Ingress may be limited to speeds below the assigned port speed if we suspect or detect a user is using their service for abnormal activities, at our sole discretion. No Telocity service may be used as a web scraping or crawling server, or as a server primarily configured to provide VPN service without our prior permission.
Blocked Ports:
Port 0, 25.
Service restriction: Telocity services may not be used to host email services without first contacting [email protected] and requesting permission and port block removal. This port block removal is only offered at our sole discretion and may be subject to additional terms.
Privacy Policy Information We Collect Telocity Hosting collects only the necessary personal information required to provide our services, process payments, and manage customer accounts. This may include your name, email address, billing details, and IP addresses associated with your services. How We Use Your Information We use collected information strictly for the purposes of: Account management and service provisioning Processing payments and handling billing inquiries Network management and infrastructure improvements Ensuring compliance with applicable laws and regulations Information Sharing Telocity Hosting does not sell, rent, or share customer personal data with third parties for marketing or unrelated purposes. However, we may disclose information under the following circumstances: Legal Compliance: We may share customer data in response to a valid warrant, court order, subpoena, or other legal request from law enforcement or regulatory authorities. Upstream Providers: We may provide necessary customer details, such as IP allocation justification, to our upstream carriers and network providers as required for network management and regulatory compliance. Data Security and Disclaimer Telocity Hosting implements industry-standard security measures to protect customer data from unauthorized access, loss, or misuse. However, we do not guarantee or warrant the security of any personal information. Customers acknowledge that any information transmitted over the internet is inherently vulnerable to interception, theft, or unauthorized access. Telocity Hosting is not liable for any unauthorized access to, or loss of, customer data, including but not limited to data breaches, hacking, or other security incidents. Customers are responsible for maintaining the confidentiality of their account credentials and securing their own systems. Retention of Data We retain customer information only as long as necessary to provide services, comply with legal obligations, resolve disputes, and enforce our agreements. Changes to This Privacy Policy Telocity Hosting reserves the right to update this Privacy Policy at any time. Customers will be notified of significant changes, and continued use of our services constitutes acceptance of the updated policy. For any privacy-related inquiries, please contact us at [email protected].