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Terms of Service

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

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

3. Prices and Payment Terms

  1. Customers agree to pay recurring and non-recurring charges as specified in their Service Contracts.
  2. 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.
  3. Disconnection and reinstatement fees may apply.
  4. Refunds for cancellations or interruptions are at 8Dweb.com’s sole discretion unless otherwise required by law.
  5. Customers must comply with all applicable tax obligations.
  6. 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

  1. This Agreement automatically renews unless canceled at least 30 days prior to the renewal date.
  2. Cancellations must be submitted via email to [email protected], postal mail to:

   8Dweb LLC, 12902 Fraternal Court, Herndon, VA 20171,

   or by phone at 855-500-3883.

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

5. IP Address Allocation

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

6. Software License and Restrictions

  1. Customers are granted a non-transferable, non-exclusive license to use the Software for internal purposes.
  2. Reverse engineering, copying, or sublicensing the Software is strictly prohibited.
  3. 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

  1. 8Dweb.com provides maintenance for its supplied hardware.
  2. Services for customer-supplied equipment, including repairs, upgrades, or replacements, are billed at $150/hour (one-hour minimum).
  3. Customers are responsible for implementing strong passwords, access controls, and up-to-date backups of their data.

8. Intellectual Property

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

9. User Content and Conduct

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

  1. Pornographic Content: Hosting, storing, or transmitting any pornographic material, including child pornography. Violations will result in immediate termination and notification of authorities.
  2. Illegal Activities: Copyright infringement, trademark violations, or other unlawful activities.
  3. Malicious Software: Distribution of malware, viruses, or similar threats.
  4. Unsolicited Communications: Spam, chain letters, or other mass unsolicited communications.
  5. Fraudulent Behavior: Impersonation, falsified identities, or fraudulent accounts.
  6. Harassment: Threatening or abusive conduct.
  7. Unauthorized Access: Attempts to access unauthorized systems or networks.
  8. Excessive Resource Usage: Activities that disrupt network performance or exceed reasonable bandwidth 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 suspension or termination of Services without notice.

10. Acceptable Use Policy (AUP)

The Acceptable Use Policy (AUP) is incorporated into this Agreement by reference. It outlines additional prohibited activities and is available at https://8dcloud.com/aup.

11. Interruption of Services

  1. 8Dweb.com is not liable for service interruptions caused by external events, including but not limited to natural disasters, cyberattacks, or third-party failures.
  2. In the event of an outage exceeding 8 hours caused solely by 8Dweb.com’s actions or negligence, customers may request a pro-rated credit for the affected period.

12. Data Privacy and Security

8Dweb.com complies with the Virginia Consumer Data Protection Act (VCDPA) and protects customer data:

  1. Processing: Personal data will only be processed as necessary to deliver Services.
  2. Customer Rights: Customers have the right to access, correct, or delete their data.
  3. Privacy Policy: Refer to our Privacy Policy, compliant with GDPR and CCPA, available at https://8dcloud.com/aup.
  4. Security: Customers must implement proper security measures, including strong passwords and secure access controls.

13. Limitation of Liability

  1. 8Dweb.com’s liability is capped at the amount paid by the Customer for Services in the 60 days preceding the incident.
  2. Indirect, incidental, or consequential damages are excluded.

14. Dispute Resolution and Arbitration

Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with the venue in Fairfax County, Virginia. Each party shall bear its own costs, and the arbitration decision shall be 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 changes to pricing or Terms of Service, will be provided via email to the primary contact on file, posted to the customer portal, or communicated via phone at 855-500-3883.

19. Severability

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

20. Miscellaneous

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