Terms of Service


The terms of service (also known as terms and conditions) are rules by which you must agree to abide in order to use DataPacket's service. This terms of service policy constitutes a legal agreement between you and Data Packet Networks ("DataPacket"). If you are accepting on behalf of a company, you represent and warrant to DataPacket that you have full authority to bind such company. You will violate this policy if you engage in the following examples of prohibited activities while using our services.

Email Restrictions

SPAM and UCE are prohibited. Spam 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.

Email marketing is prohibited on the network regardless of opt-in status or type of service, including web hosting, reseller hosting, VPS hosting and dedicated servers.

Direct outbound email connections are prohibited. A smarthost is provided to relay your mail or you may use a third party email relay service. Smarthost servers are deployed with advanced filtering to prevent spam.

Prohibited Activities

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.

Use DataPacket's services as a means to operate a free web hosting service to the general public or operating a VPN/Proxy service for any purpose other than for personal use.

Using DataPacket's services to operate mining software.

Using DataPacket's services to advertise, transmit, store, post, display, or otherwise make available child pornography. DataPacket shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through our services.

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.

Using DataPacket's services as a means to transmit or post defamatory, harassing, abusive, or threatening language.

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).

Distributing information regarding the creation of and sending of Internet viruses, worms, trojan horses, pinging, flooding, mail-bombing, or denial of service attacks.

Operating any service which enables abusive behavior by third parties is forbidden.

Operating any service or function 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.

Exporting encryption software over the Internet or otherwise, to points outside Canada or the United States that violate export control laws.

Engaging in any 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.

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 may not receive a refund as determined solely by DataPacket.

Billing Policies

As consideration for the services you have selected, you agree to pay the applicable service fees and any late fees that may be imposed for not paying by the due date. All fees payable hereunder are non-refundable except those fees covered by a "Money Back Guarantee", under a monthly payment term only, and for your first purchase only. You understand and agree that services are subject to change with or without prior notice due to the actions of third party suppliers, vendors and software updates, or as the result of a security discrepancy.

You must provide 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.

All fees are payable in US Dollars. Full payment must be made by the due date shown on your invoice or a late fee may imposed. By using your credit or debit card information, you authorize DataPacket and its merchant providers to charge the card for any fees due on your account. You will be responsible for all charges listed in your account up until you cancel your account in accordance with this cancellation policy.

Services will renew until a service is cancelled. If you do not wish to renew you must cancel your account by submitting a ticket. 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 or renewal.

Domain Name Registrations CANNOT be cancelled and are 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.