Terms of Service

1. Acceptance of Terms

By accessing or using services provided through updedicated.com ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Updedicated ("we," "us," or "our").

These Terms apply to all users of the Updedicated platform, including visitors who browse the website, registered account holders, and paying customers utilizing our dedicated server infrastructure services. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. Continued use of our services after changes are posted constitutes acceptance of the modified Terms. Material changes will be communicated via email to the address associated with your account at least thirty (30) days before they take effect.

2. Service Description

Updedicated provides dedicated server hosting, enterprise-grade hardware infrastructure, managed backup services, DDoS protection, and related infrastructure services. Our platform is purpose-built for business-critical workloads requiring guaranteed dedicated resources and enterprise-level reliability.

Service specifications, including but not limited to compute resources (physical CPU cores, RAM), storage allocations (NVMe SSD), network capacity (bandwidth, port speed), and available features (firewalls, IPMI access, monitoring), are described on our website and within the client portal. These specifications represent the physical resources dedicated exclusively to your server.

We may update, modify, or discontinue specific features with reasonable notice. Updedicated does not guarantee that the services will be compatible with all third-party software, hardware, or systems. It is your responsibility to ensure compatibility with your specific requirements before committing to a service plan. Our engineering team is available to help with pre-deployment assessments.

Updedicated performs regular infrastructure maintenance to ensure optimal performance, security, and reliability. Emergency maintenance may be performed without advance notice when necessary to address critical security vulnerabilities or prevent service degradation.

3. Account Registration & Security

You must provide accurate, current, and complete information during registration and maintain the accuracy of such information throughout the duration of your account. You are responsible for maintaining the confidentiality of your account credentials, including passwords, API keys, and SSH keys.

You are solely responsible for all activities that occur under your account, whether or not authorized by you. You must notify Updedicated immediately of any unauthorized use of your account or any other security breach. Updedicated will not be liable for any loss or damage arising from unauthorized use of your account.

We strongly recommend enabling two-factor authentication (2FA) on your account for enhanced security. Accounts may not be shared, transferred, or assigned to another party without prior written consent from Updedicated. We reserve the right to suspend accounts that we reasonably believe have been compromised, in order to protect your data and the integrity of our infrastructure.

You must be at least eighteen (18) years of age to create an account and use Updedicated services. By registering, you represent that you meet this age requirement.

4. Acceptable Use Policy

You agree not to use Updedicated services for any unlawful purpose or in violation of applicable local, national, or international laws and regulations. Prohibited activities include but are not limited to:

• Distributing or hosting illegal content, malware, ransomware, or phishing materials
• Sending unsolicited bulk email (spam) or operating open mail relays
• Engaging in resource abuse, including cryptocurrency mining without prior written authorization
• Attempting unauthorized access to other systems, accounts, or networks
• Conducting denial-of-service attacks, port scanning, or network probing of third parties
• Violating intellectual property rights or privacy rights of third parties
• Operating proxy services, VPNs, or TOR exit nodes intended to circumvent legal restrictions
• Hosting content that promotes violence, hatred, discrimination, or child exploitation
• Circumventing or attempting to circumvent security controls, access restrictions, or monitoring mechanisms
• Using dedicated server resources to launch attacks against other infrastructure or networks

Violation of this Acceptable Use Policy may result in immediate suspension or termination of services without prior notice or refund. Updedicated reserves the right to remove or disable any content that violates this policy without liability to you. We may also report suspected illegal activities to the appropriate law enforcement authorities. Repeated or severe violations will result in permanent account termination.

Updedicated may periodically review account activity to ensure compliance with this policy. Such monitoring is conducted in accordance with our Privacy Policy and applicable data protection regulations.

5. Service Level Agreement

Updedicated guarantees 99.99% network and infrastructure uptime, measured on a monthly basis. Uptime percentage is calculated as: ((total minutes in month − downtime minutes) / total minutes in month) × 100. Uptime is calculated excluding scheduled maintenance windows, which are communicated at least 48 hours in advance via the client portal and email.

In the event that uptime falls below the guaranteed threshold, eligible customers may request service credits. Credits are calculated as a percentage of the monthly fee for the affected dedicated server, proportional to the duration of the downtime. Credit requests must be submitted within thirty (30) days of the incident via our support system.

Service credits are calculated as follows: for monthly uptime between 99.9% and 99.99%, a credit of 10% of monthly fees for the affected service; between 99.0% and 99.9%, a credit of 25%; below 99.0%, a credit of 50%. Credits shall not exceed 50% of the total monthly fee for the affected service and are issued as account credit only — they are not refundable as cash or transferable to other accounts.

This SLA does not apply to disruptions caused by: (a) force majeure events including natural disasters, acts of war, or government actions; (b) customer-initiated actions such as misconfigurations or software errors; (c) third-party service failures outside Updedicated's control; (d) scheduled or emergency maintenance; or (e) DDoS attacks that exceed our mitigation capacity.

6. Payment Terms & Billing

Dedicated server services are invoiced on a monthly billing cycle unless a custom billing arrangement has been agreed upon in writing. Payment is due within fourteen (14) days of the invoice date. All prices are stated in United States Dollars (USD) and are exclusive of applicable taxes, duties, and levies unless otherwise specified.

Failure to make timely payment may result in suspension of services. Updedicated reserves the right to charge interest on overdue amounts at a rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower. Services suspended due to non-payment may be terminated and associated data deleted after thirty (30) days of continued non-payment.

Services renew automatically at the end of each billing period unless cancelled prior to renewal. Updedicated reserves the right to modify pricing with at least thirty (30) days' prior written notice. Price changes will take effect at the start of the next billing cycle following the notice period. Existing contractual pricing commitments will be honored for their full term.

Refunds are provided on a prorated basis for unused time in the current billing period when services are cancelled. You are responsible for all taxes, duties, and government assessments associated with your use of the services, except for taxes based on Updedicated's net income.

7. Data Protection & GDPR Compliance

Updedicated is fully committed to compliance with the General Data Protection Regulation (GDPR), the Dutch Implementation Act (UAVG), and all other applicable data protection legislation. All customer data is stored exclusively on dedicated servers within European data centers in the European Economic Area (EEA), with enterprise-grade physical and digital security measures in place.

Data is encrypted both at rest (using AES-256 encryption) and in transit (using TLS 1.3). We maintain strict access controls based on the principle of least privilege, conduct regular security audits and penetration testing, and implement comprehensive technical and organizational measures to protect the confidentiality, integrity, and availability of your data.

As a data processor, Updedicated processes personal data only as instructed by you, the data controller. We do not sell, share, rent, or use your data for advertising or marketing purposes. You may request a Data Processing Agreement (DPA) at any time by contacting our legal department. We support your rights and those of your users under GDPR, including the right to access, rectify, erase, restrict processing, object to processing, and port data.

In the event of a personal data breach, Updedicated will notify you without undue delay and no later than seventy-two (72) hours after becoming aware of the breach, in accordance with Article 33 of the GDPR. The notification will include details of the breach, its likely consequences, and the measures taken to address it.

8. Intellectual Property

All content, trademarks, service marks, trade names, logos, software, documentation, and materials provided by Updedicated — including the Updedicated platform, client portal, APIs, control panel interfaces, and website — are the exclusive property of Updedicated or its licensors and are protected by applicable copyright, trademark, patent, and other intellectual property laws.

You retain full ownership of all data, content, code, and applications you upload, store, or run on Updedicated infrastructure. Nothing in these Terms transfers ownership of your intellectual property to Updedicated. You grant Updedicated a limited, non-exclusive, revocable license to host, store, and process your content solely for the purpose of providing the contracted dedicated server services. This license automatically terminates when your account is closed and your data is deleted.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of any part of the Updedicated platform or its proprietary software. You may not reverse-engineer, decompile, disassemble, or attempt to extract the source code of any Updedicated software, unless applicable law expressly permits such activity and only to the extent so permitted.

If you provide Updedicated with feedback, suggestions, or ideas regarding our services, you grant Updedicated a perpetual, irrevocable, non-exclusive license to use such feedback for any purpose without compensation or attribution.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Updedicated's total aggregate liability for any and all claims arising out of or related to these Terms or the services shall not exceed the total fees actually paid by you to Updedicated during the twelve (12) months immediately preceding the event giving rise to the claim.

In no event shall Updedicated, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, regardless of the cause of action or the theory of liability (whether in contract, tort, strict liability, or otherwise), and even if Updedicated has been advised of the possibility of such damages.

Updedicated shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control (force majeure), including but not limited to natural disasters, acts of government, power failures, internet or telecommunications disruptions, cyberattacks, pandemics, or labor disputes.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Updedicated's liability shall be limited to the greatest extent permitted by applicable law. This limitation of liability is a fundamental element of the agreement between you and Updedicated.

10. Indemnification

You agree to indemnify, defend, and hold harmless Updedicated, its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and court costs) arising out of or related to:

• Your use of the Updedicated services or any activity conducted through your account, whether by you or any third party using your account
• Your violation of these Terms of Service, any applicable law, regulation, or third-party agreement
• Your infringement or alleged infringement of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Any content, data, or materials you store, transmit, publish, or distribute through the Updedicated platform
• Any dispute between you and a third party relating to your use of the services

Updedicated reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Updedicated's defense of such claim. This indemnification obligation shall survive the termination or expiration of these Terms and your use of the services.

11. Termination & Cancellation

Either party may terminate this agreement by providing thirty (30) days' written notice to the other party. You may cancel your dedicated server services at any time through the client portal or by contacting our support team. Updedicated reserves the right to terminate services immediately, without prior notice or refund, in the event of a material breach of these Terms, including but not limited to violations of the Acceptable Use Policy.

Upon termination or cancellation, you are responsible for exporting your data prior to the effective termination date. Updedicated provides data export tools and IPMI access through the client portal to facilitate this process. We will retain your data for a period of thirty (30) days following termination, after which all data — including backups, snapshots, and configurations — will be permanently and irreversibly deleted from our systems.

Termination of your account does not relieve you of any obligation to pay outstanding invoices or fees incurred prior to the termination date. Prorated refunds are issued for unused time in the current billing period for standard cancellations. Any provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to indemnification, limitation of liability, intellectual property, and governing law provisions.

12. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the services provided hereunder, the parties shall first attempt to resolve the matter through good-faith negotiation. Either party may initiate the negotiation process by providing written notice to the other party describing the nature of the dispute and the relief sought.

If the dispute is not resolved through negotiation within thirty (30) days of the initial written notice, either party may escalate the matter to mediation. Mediation shall be administered by a mutually agreed-upon mediator in the Netherlands. The costs of mediation, including the mediator's fees, shall be shared equally between the parties. Each party shall bear its own legal costs.

If mediation fails to resolve the dispute within sixty (60) days of the commencement of mediation, either party may pursue formal legal proceedings in the competent courts of the Netherlands, as specified in the Governing Law & Jurisdiction section of these Terms. Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction at any time.

13. Modifications to Terms

Updedicated reserves the right to update, modify, or replace any part of these Terms of Service at its sole discretion. Changes will be posted on this page with an updated "Last updated" date. For material changes that significantly affect your rights or obligations, we will provide at least thirty (30) days' advance notice via email to the address associated with your account.

Your continued use of Updedicated services after any modifications become effective constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must discontinue use of the services before the changes take effect and may cancel your account for a prorated refund. It is your responsibility to review these Terms periodically for updates.

Non-material changes, such as corrections of typographical errors, clarifications of existing provisions, or updates to contact information, may be made without advance notice. The most current version of these Terms is always available on our website.

14. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Any disputes arising from or relating to these Terms that cannot be resolved through the dispute resolution process described above shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The failure of Updedicated to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with the Privacy Policy and any applicable service-specific terms, constitute the entire agreement between you and Updedicated.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the information below. We aim to respond to all inquiries within two (2) business days.

[email protected]

For legal and compliance matters, you may also contact our legal department directly at [email protected].