This terms of service policy constitutes a legal agreement between you and Data Packet Networks ("DataPacket").
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 and UCE are 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;
- 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.
- Services will automatically renew until a service is cancelled. If you do not wish to renew you must cancel your account by sending an email to our Billing department (firstname.lastname@example.org). 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 and non-refundable. 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.