Terms of Service

1. Agreement to These Terms

By placing an order, creating an account, or using any DataPacket service, you agree to these Terms, our Acceptable Use Policy, our Privacy Policy, and any service-specific terms presented during checkout.

If you are accepting these Terms for a business or other organization, you represent that you have authority to bind that organization. If you do not agree to these Terms, you may not order or use our services.

2. Eligibility and Accounts

You must be legally able to enter into a binding contract. You must provide accurate, current, and complete account, billing, and contact information and keep that information updated.

You are responsible for all activity performed through your account and for maintaining the confidentiality of account credentials. Accounts may not be transferred, sold, or shared in a way that misrepresents the responsible customer without our approval.

3. Orders and Service Activation

All orders are subject to acceptance, availability, payment verification, fraud screening, and any identity verification we reasonably require. An automated order confirmation does not guarantee that an order has been accepted.

Activation times are estimates. Some services require manual review, hardware preparation, software licensing, domain registration, or third-party processing. We may reject or cancel an order when necessary to prevent fraud, abuse, technical conflict, or legal risk.

4. Billing and Automatic Renewal

Services are billed in advance according to the billing cycle selected at checkout. Unless canceled before the next due date, recurring services renew for another billing term and the payment method on file may be charged automatically.

You authorize DataPacket and our payment processors to charge all amounts due, including recurring service fees, approved upgrades, applicable taxes, and other charges associated with your account.

You are responsible for reviewing invoices and maintaining a valid payment method. Failure to receive an invoice or reminder does not remove the obligation to pay by the due date.

5. Pricing, Promotions, and Taxes

Prices are shown in U.S. dollars unless stated otherwise. We may change future pricing, features, or billing terms by providing notice through our website, customer portal, invoice, or account email. A price change will not alter a prepaid service period unless required by law or agreed to by the customer.

Promotional pricing, credits, and discounts may have separate eligibility rules and may not be combined. You are responsible for applicable taxes, duties, or government charges unless the law requires us to collect them directly.

6. Late Payment and Suspension

Services may be suspended, restricted, or terminated when an invoice remains unpaid after its due date. Late fees, reactivation fees, recovery fees, or other charges may apply when disclosed on the invoice, order form, or customer portal.

Suspension does not cancel the service or remove amounts already due. Data may be deleted after termination or expiration, and restoration may not be possible. You should not rely on a suspended service as a method of preserving data.

7. Cancellation

You may request cancellation through the DataPacket customer portal or another method we make available. A cancellation is effective only after it has been properly submitted and accepted by our system or staff.

You may choose immediate cancellation or cancellation at the end of the current paid term when those options are available. Immediate cancellation may result in immediate loss of access and deletion of data. Canceling a payment method, disputing a charge, or allowing a payment to fail does not by itself cancel a service.

8. Refunds and 45-Day Money-Back Guarantee

Services specifically advertised as covered by our 45-day money-back guarantee may be eligible for a refund when canceled within 45 days of the initial service activation date. The guarantee applies only to the customer’s first qualifying order for that service type unless we state otherwise.

Domain registrations, domain renewals, domain transfers, software licenses, control-panel licenses, setup fees, add-ons, professional services, usage-based charges, custom work, and third-party fees are non-refundable unless expressly stated otherwise. Refunds do not include charges already paid to a registry, software vendor, payment provider, or another third party.

Accounts terminated for fraud, chargebacks, abuse, violation of these Terms, or violation of the Acceptable Use Policy are not eligible for a refund. Refunds are issued to the original payment method only.

9. Domain Name Services

Domain registrations are submitted to third-party registries and registrars and are subject to their rules, policies, dispute procedures, and registration agreements. A domain order is not complete until the registry confirms registration.

You are responsible for providing accurate registrant information, maintaining a working contact email address, reviewing renewal notices, and renewing domains before expiration. We are not responsible for loss of a domain caused by inaccurate information, expired payment methods, missed notices, registry action, transfer restrictions, or failure to renew.

Domain availability searches are not guarantees. A domain may become unavailable before registration completes. Redemption, restoration, premium renewal, or transfer fees may apply after expiration.

10. Customer Content and Responsibilities

You retain ownership of content you upload or create. You grant us the limited rights necessary to store, transmit, back up, process, and display that content solely to provide and protect the services.

You are responsible for your websites, applications, databases, email, users, licenses, content, configurations, and compliance with applicable law. You must have all rights and permissions necessary for material stored or transmitted through your services.

11. Account and Server Security

You are responsible for using strong credentials, protecting login information, installing security updates, maintaining supported software, and securing any VPS or dedicated server under your control.

You must notify us promptly if you suspect unauthorized access. We may reset credentials, block traffic, isolate a service, or take other reasonable protective action when we believe an account or system is compromised.

12. Backups and Data Loss

Unless a written service description states otherwise, backups are provided as a convenience and are not guaranteed. Backup schedules, retention periods, and restoration capabilities may vary by service and may change.

You are responsible for maintaining independent, current copies of all important data in a location outside the DataPacket service. We are not responsible for lost, corrupted, incomplete, or unavailable backups or for data lost through customer action, compromise, software failure, hardware failure, suspension, or termination.

13. Migrations and Transfers

Any migration, import, restoration, or transfer assistance is provided on a reasonable-effort basis. Compatibility, account size, source-server limitations, software differences, and third-party restrictions may prevent a complete transfer.

You are responsible for reviewing migrated data, testing websites and email, updating DNS, and maintaining the original service until you confirm the migration is complete.

14. Service Availability and Maintenance

We work to provide reliable service, but uninterrupted or error-free operation cannot be guaranteed. Services may be unavailable because of maintenance, upgrades, hardware or software failure, attacks, upstream provider issues, emergency work, or events beyond our reasonable control.

A published uptime commitment or service-level agreement applies only when expressly stated for the purchased service and is subject to its exclusions, measurement methods, and credit procedures. Service credits, when available, are the sole remedy for a covered availability event.

15. Technical Support

Support is limited to the DataPacket service and features included with your plan. We may provide general guidance, but we are not responsible for developing, debugging, repairing, or administering customer websites, code, applications, operating systems, or third-party software unless separately agreed.

Support response times are targets rather than guarantees unless a written support agreement states otherwise. Abusive, threatening, or fraudulent communications may result in restricted support access or account action.

16. Third-Party Products and Services

Some services depend on third-party software, licenses, registries, payment processors, networks, certificate authorities, or vendors. Those products may be governed by separate terms and may be changed, discontinued, or restricted by the provider.

We are not responsible for third-party acts, omissions, outages, policy changes, licensing decisions, or product discontinuation. When necessary, we may replace, modify, or discontinue an affected feature.

17. Acceptable Use

All use of DataPacket services must comply with our Acceptable Use Policy. The Acceptable Use Policy is incorporated into these Terms. You are also responsible for violations committed by users, customers, scripts, applications, or compromised systems operating through your account.

18. Suspension and Termination

We may suspend, restrict, or terminate a service for nonpayment, fraud, security risk, legal requirement, violation of these Terms, violation of the Acceptable Use Policy, or activity that threatens our network, customers, or third parties.

When practical, we may provide notice and an opportunity to correct the issue. Immediate action may be taken for serious abuse, active attacks, illegal content, compromised systems, fraud, or other urgent risks.

Upon termination, your right to use the service ends. We may delete associated data without further notice, subject to applicable law and any written retention commitment.

19. Intellectual Property

DataPacket names, logos, website content, software, documentation, and service materials are owned by DataPacket or our licensors and may not be copied, modified, or used without permission except as allowed by law.

If you believe content hosted through our services infringes your rights, submit a report through our contact page with enough information for us to review the claim.

20. Privacy

Our collection and use of personal information are described in our Privacy Policy. You are responsible for providing any privacy notices and obtaining any consent required for personal information you collect or process through your services.

21. Service Disclaimers

To the fullest extent permitted by law, services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not guarantee that a service will meet every requirement, remain uninterrupted, prevent every attack, preserve every message or file, or be compatible with every website, application, device, or third-party service.

22. Limitation of Liability

To the fullest extent permitted by law, DataPacket and its owners, employees, contractors, affiliates, and suppliers will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, lost revenue, lost data, lost business, loss of goodwill, or business interruption.

Our total liability arising from a service or these Terms will not exceed the amount you paid DataPacket for the affected service during the three months immediately preceding the event giving rise to the claim. This limitation applies regardless of the legal theory and even if we were advised that damages were possible.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, these provisions apply only to the maximum extent permitted by law.

23. Indemnification

You agree to defend, indemnify, and hold harmless DataPacket and its owners, employees, contractors, affiliates, and suppliers from claims, liabilities, losses, damages, judgments, and reasonable expenses arising from your content, your use of the services, your users, your violation of law, or your breach of these Terms or the Acceptable Use Policy.

24. Events Beyond Our Reasonable Control

We are not liable for delay, interruption, or failure caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, utility failure, internet or carrier outage, government action, supply shortage, epidemic, attack, or third-party infrastructure failure.

25. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute not resolved informally will be brought in a court of competent jurisdiction located in Texas, and each party consents to that court’s jurisdiction and venue.

Before filing a claim, you agree to contact us and provide a reasonable opportunity to resolve the dispute informally.

26. Changes to These Terms

We may update these Terms from time to time. The revised Terms become effective on the date shown at the top of this page unless a later date is stated. Continued use of a service after the effective date constitutes acceptance of the revised Terms.

Material changes may also be communicated through our website, customer portal, invoice, or the primary email address associated with your account.

27. General Provisions

If a provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms or transfer a service without our written approval. We may assign these Terms as part of a merger, sale, reorganization, or transfer of our business or assets.

These Terms, the Acceptable Use Policy, the Privacy Policy, the applicable order, and any written service-specific agreement form the entire agreement concerning the service and replace prior discussions or representations about that service.

28. Contacting Us

Questions about these Terms, billing, cancellation, or your services may be submitted through the DataPacket contact page.