Terms
of Service. (TOS)
This
terms of service policy constitutes a legal agreement between you and
Data Packet Networks.
Acceptance;
If you are accepting on behalf of a company, you represent and warrant
to Data Packet Networks that you have full authority to bind such
company.
Prohibited
conduct; You will violate this policy if you engage in the following
examples of prohibited activities while using our services:
Mail
Policies;
- SPAM,
Junk E-mail or UCE is prohibited. Spam, Junk-mail and UCE are defined
as: the sending of the same, or substantially similar, unsolicited
electronic mail messages, whether commercial or not, to more than one
recipient.
- A
message is considered unsolicited if it is sent to a recipient who has
not requested or invited the message. This prohibition extends to the
sending of unsolicited mass mailings from another service, which in any
way implicates the use of DataPacket whether or not the message
actually originated from our network.
- Other
restrictions include; using our network for the receipt of replies to
unsolicited mass email (spam) sent from a third-party network or the
forgery of email headers is prohibited.
Mass
Mailings;
- Sending
mass unsolicited email is considered spam. Unsolicited email is defined
as email sent to a recipient who has not opted in to mailings.
- Senders
of mass mailings must maintain complete and accurate records of all
opt-ins, including the email and its headers if applicable, and provide
such records to DataPacket upon request. If positive and verifiable
proof of opt-in cannot be provided, complaints from recipients of the
mailing are considered proof they did not subscribe and the mailing is
unsolicited.
- Our
mass mailing rules apply to mailing lists, list servs, or mailing
services contracted for by Customer. The policy is stated as follows:
An acceptable mailing list will be focused at a small targeted audience
that has voluntarily signed up for e-mail information using an opt-in
process or that has made their e-mail address available to you for
distribution of information. The list must also allow for automatic
removal by all end users with non-distribution in the future.
Facilitating
a Violation of this Policy;
- Advertising,
transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this Policy, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail-bombing, denial of service attacks and piracy of
software;
- Infringing
Intellectual Property Rights. Engaging in any activity that;
Infringes or misappropriates the intellectual property rights of
others, including copyrights, trademarks, service marks, trade secrets,
software piracy, and patents held by individuals, corporations, or
other entities;
Violates privacy, publicity, or other personal rights of others.
Obscene
Speech or Materials;
- Using
DataPacket's services to advertise, transmit, store, post, display, or
otherwise make available child pornography. Data Packet shall notify
law enforcement agencies when it becomes aware of the presence of child
pornography on or being transmitted through our services.
Promoting
Violence or Injury;
- Advocating,
promoting or providing assistance in carrying out violence or any other
unlawful activity against any persons, animals or any governments,
businesses or other entities;
Defamatory
or Abusive Language;
- Using
Data Packet's services as a means to transmit or post defamatory,
harassing, abusive, or threatening language.
Illegal
or Unauthorized Access to Computers or Networks;
- Accessing
illegally or without authorization computers, accounts, or networks
belonging to DataPacket or another party, or attempting to penetrate
security measures of another system (often known as "hacking");
- Engaging
in any activity that might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth scan, or other information
gathering activity).
Distribution
of Internet Viruses, Worms, Trojan Horses, or Other Destructive
Activities;
- Distributing
information regarding the creation of and sending of Internet viruses,
worms, trojan horses, pinging, flooding, mail-bombing, or denial of
service attacks;
Misuse
of Account Features;
- Operating
any service which enables abusive behavior by third parties is
forbidden;
- Operating
any service which affects the stability or reliability of any
DataPacket server or network component, impacts other users or the
company negatively, or degrades quality of service is forbidden.
Export
Control Violations;
- Exporting
encryption software over the Internet or otherwise, to points outside
Canada or the United States.
Illegal
Activities;
- Engaging
in activities that are determined to be illegal, including advertising,
transmitting, or otherwise making available ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software.
Consequences
for engaging in prohibited conduct;
In
the event that you engage in any of the activities above, and as
determined by DataPacket to be abusive or disruptive, DataPacket may
take any one or more of the following actions in response to abuse or
complaints;
- Issue
warnings: written or verbal.
- Suspend
the account and access.
- Terminate
the account and access.
- Bring
legal action to enjoin violations and/or to collect damages, if any,
caused by violations.
Accounts
with violations of our policies will not receive a refund under any
circumstance.
Fees,
payments and billing policies;
As
consideration for the services you have selected, you agree to pay the
applicable service fees. All fees payable hereunder are non-refundable
except those fees covered by a "30 Day Money Back Guarantee" where
advertised on the DataPacket Website.
As
further consideration for the services, you agree to;
- Provide
certain current, complete and accurate information about you as
required by the registration process and maintain and update this
information as needed to keep it current, complete and accurate.
Fees
and Payments;
- All
fees are payable in US Dollars. All payments are due on your account's
bill day;
- By
using your credit or debit card information, you authorize Data Packet
Networks to charge the card for any fees due on your account. You will
be responsible for all charges listed in your account until you cancel
your account in accordance with our cancellation policy;
Your
"Bill Day" is the day of the month you created your first Data Packet
account. Your account will be billed on this day every month, quarter
or year, depending on the payment plan you have selected.
Cancellation
policy;
-
Services will automatically renew until a service is cancelled. If you
do not wish to renew your Monthly or Annual Service you must cancel
your account by sending an email to our Billing department
(billing@datapacket.net). Your username and password must be
included;
- A
cancellation refers to the removal of user materials from our systems
and the deactivation of services. You will be required to pay any
outstanding charges owed before any cancellation will take place.
Please be aware that there are no pro-rated refunds after the first 30
days of service regardless of billing cycle;
- Domain
Name Registrations CANNOT be cancelled. As the purchaser of the Domain
Name you are the Domain Name's owner until the term of the Domain
Name's registration has expired.
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