Terms of Service
These Terms of Service ("Terms") apply to services ordered from Datagram, a brand of Datagram, LLC ("we", "us"), 2921 W 38th Ave, Denver, CO 80211. By ordering or using a service you agree to these Terms, our Acceptable Use Policy, Service Level Agreement and, for colocation, our Colocation Policy.
1. Orders
Submitting an order on our website is a request. A contract starts when we confirm the order and issue your first invoice. We may decline any order. Prices are those shown when you order, in US dollars, plus applicable sales tax.
2. Terms and renewal
Each service has the contract term you choose (monthly or 1 year, and for some services 2 or 3 years). At the end of a term the service renews automatically for the same length at the then-current price unless either side gives notice of cancellation at least 30 days before the term ends. We send a renewal notice before each renewal.
3. Billing and payment
- Recurring charges are invoiced monthly in advance. Invoices are due within 15 days unless the invoice says otherwise.
- One-time setup fees apply to monthly terms only and are waived on 1-year and longer terms.
- Day passes and other one-time rentals are paid in full before we hand over access.
- Reserved hardware (shown as "Available" on a future date) is not billed until it is delivered to you.
- We accept the payment methods listed on each invoice. Card payments are processed by our payment providers; we never see or store your full card number.
- If an invoice is unpaid 10 days after its due date we may suspend the service after notice, and resume it once paid. Late fees, if any, are stated on the invoice.
4. Your responsibilities
You are responsible for everything you run on our services, for keeping your logins secure, and for complying with the law and our Acceptable Use Policy. You keep your own backups unless you purchased a backup service.
5. Our responsibilities
We provide the services as described on our website and in the Service Level Agreement, which sets out uptime commitments and service credits. Dedicated hardware is used only by you during your term. After a day pass or when a service ends, we erase the hardware before anyone else uses it.
6. Cancellation and ending a service
You can cancel by contacting us; see our Refund & Cancellation Policy. Commitments for the rest of a fixed term remain payable. We may end a service for non-payment or serious breach of these Terms after notice where practical. When a service ends, data on it is erased 7 days later.
7. Limitation of liability
To the extent the law allows, our total liability for any claim is limited to the fees you paid for the affected service in the 3 months before the claim, and we are not liable for indirect or consequential losses (such as lost profits or data). Service credits under the SLA are your sole remedy for downtime.
8. Changes
We may update these Terms. We'll post the new version here and, for material changes, email active customers at least 30 days before they apply.
9. Governing law
These Terms are governed by the laws of the State of Colorado, and disputes go to the courts of Denver County, Colorado.
10. Contact
Datagram, LLC, 2921 W 38th Ave, Denver, CO 80211. Email sales@datagram.net or call 1-57-DATAGRAM.