Versioning Information

Version: 6.0
Original Effective Date: January 1, 2009
Last Revision Date: January 1, 2025

1. Purpose of the Agreement

This Agreement governs the services provided by 8Dweb.com, including internet connectivity services (“Bandwidth”), equipment (“Hardware” for dedicated server contracts), space for storing and operating such Hardware (“Space” for dedicated server contracts), hosting packages (“the Package”), and software licenses (“Software”), collectively referred to as the Services.

2. Definitions

Customer: The individual or entity subscribing to 8Dweb.com Services.
Services: Includes bandwidth, hosting, hardware, software, and related offerings provided by 8Dweb.com.
Agreement: This Terms of Service document.
AUP: The Acceptable Use Policy governing prohibited activities, incorporated by reference, available at the 8Dweb Acceptable Use Policy Page.

3. Prices and Payment Terms

• Customers agree to pay recurring and non-recurring charges as specified in their Service Contracts.
• Charges for recurring services are billed in advance. Unpaid balances accrue interest at 1.5% per month or the maximum rate permitted under Virginia law.
• Disconnection and reinstatement fees may apply.
• Refunds for cancellations or interruptions are at 8Dweb.com’s sole discretion, unless otherwise required by law.
• Customers must comply with all applicable tax obligations.
• For long-term contracts, early termination fees equal to two months of service fees may apply unless otherwise specified.

4. Term of Agreement, Termination, and Renewal

This Agreement automatically renews unless canceled at least 30 days prior to the renewal date.

Cancellations must be submitted via:

• Email: noc@8dweb.co
• Postal Mail:
  8Dweb LLC
  12902 Fraternal Court
  Herndon, VA 20171
• Phone: 855-500-3883

Customers remain responsible for all fees incurred until the effective cancellation date.

5. IP Address Allocation

• IP addresses provided by 8Dweb.com remain its property and are assigned temporarily as part of the Services.
• Customers relinquish all IP address rights upon service termination.

6. Software License and Restrictions

• Customers are granted a non-transferable, non-exclusive license to use the Software for internal purposes.
• Reverse engineering, copying, or sublicensing the Software is strictly prohibited.
• 8Dweb.com is not liable for failures, bugs, or vulnerabilities in third-party software or services included in the provision of the Services.

7. Maintenance and Customer Responsibilities

• 8Dweb.com provides maintenance for its supplied hardware.
• Services for customer-supplied equipment, including repairs, upgrades, or replacements, are billed at $150/hour (one-hour minimum).
• Customers are responsible for implementing strong passwords, access controls, and up-to-date backups of their data.

8. Intellectual Property

• All intellectual property rights related to 8Dweb.com’s Services remain its property.
• Customers retain ownership of their data but are responsible for maintaining backups.

9. User Content and Conduct

Customers are responsible for their content and use of Services. The following are prohibited:

• Pornographic Content: Hosting or transmitting pornographic material, including child pornography. Violations result in immediate termination and notification of authorities.
• Illegal Activities: Copyright or trademark violations, or other unlawful acts.
• Malicious Software: Distribution of malware, viruses, or related threats.
• Unsolicited Communications: Spam, chain letters, or mass unsolicited emails.
• Fraudulent Behavior: Impersonation, falsified identities, or fraudulent accounts.
• Harassment: Threatening, abusive, or harassing conduct.
• Unauthorized Access: Attempting to access unauthorized systems or networks.
• Excessive Resource Usage: Activities disrupting network performance or exceeding reasonable limits.

Penalties for Violations:
Violations may result in fines starting at $1,000 per incident, plus costs incurred, including legal fees. Repeated violations may result in immediate suspension or termination of Services without notice.

10. Acceptable Use Policy (AUP)

The AUP is incorporated by reference and available at:
https://8dcloud.com/aup

11. Interruption of Services

• 8Dweb.com is not liable for service interruptions caused by external events (e.g., natural disasters, cyberattacks, or third-party failures).
• Outages exceeding 8 hours, caused solely by 8Dweb.com’s actions or negligence, may qualify for a pro-rated service credit upon request.

12. Data Privacy and Security

8Dweb.com complies with the Virginia Consumer Data Protection Act (VCDPA) and similar data protection laws.

• Processing: Personal data will only be processed as necessary to deliver Services.
• Customer Rights: Customers may access, correct, or delete their data.
• Privacy Policy: See https://8dcloud.com/aup (compliant with GDPR & CCPA).
• Security: Customers must maintain proper security practices, including strong passwords and secure access controls.

13. Limitation of Liability

• 8Dweb.com’s liability is capped at the amount paid for Services within the past 60 days preceding the incident.
• Indirect, incidental, or consequential damages are expressly excluded.

14. Dispute Resolution and Arbitration

Disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association, venue in Fairfax County, Virginia.
Each party bears its own costs. The arbitration decision is final and binding.

15. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Commonwealth of Virginia.
Any disputes will be resolved in the courts of Fairfax County, Virginia.

16. Ownership of Equipment

Customer-owned equipment stored in 8Dweb.com’s facilities remains the property of the customer.
Customers are responsible for insuring their equipment against loss, theft, or damage.

17. Force Majeure

8Dweb.com shall not be held responsible for delays or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, or labor disputes.

18. Notices

All important notices, including pricing or Terms of Service updates, will be provided via:

• Email (to the primary contact on file)
• Customer Portal announcements
• Phone: 855-500-3883

19. Severability

If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

20. Miscellaneous

This Agreement constitutes the entire understanding between the parties.
Updates to the Terms of Service will be published on the website, and continued use of the Services constitutes acceptance of the updated terms.