Terms of Service for QuickPacket, LLC
The following agreement is between QuickPacket,
LLC (hereinafter referred to as QuickPacket), a South Carolina
Limited Liability Company, and Customer.
In consideration of the mutual promises contained herein, the
parties agree as follows.
Section I. General Terms of Service
1. This agreement supersedes any other written or
oral agreement reached between QuickPacket and the Customer.
2. QuickPacket will provide Products and Services in
exchange for payment of fees and compliance with the terms and
conditions of this document.
3. QuickPacket Services are defined as
the use by the Customer of computing, telecommunications,
software, and information services on the network connection to
the Global Internet provided by QuickPacket. These services
also include the provision of access to computing,
telecommunications, software, and information services provided
by others via the Global Internet.
4. QuickPacket makes no warranty of any kind,
either expressed or implied, on Products or Services provided to
Customer, except those explicitly defined in the Service Level
Agreement (SLA). The SLA may be modified by QuickPacket with
thirty (30) days notice on QuickPacket’s web site. A copy of
the SLA can be obtained from QuickPacket’s web site.
5. The Customer agrees that it shall defend,
indemnify, save and hold QuickPacket harmless from any and all
claims, demands, liabilities, losses, costs, including
attorney’s fees, asserted against QuickPacket, its agents, its
customers, servants, officers, and employees, that may arise or
result from any product or service provided or performed or
agreed to be performed by QuickPacket, which cause direct or
indirect damage to another party or to the Customer.
6. This agreement is not assignable by Customer, in
whole or in part, voluntarily or involuntarily, including by
operation of law or by merger in which Customer does not
survive, without the prior written consent of QuickPacket. Any
attempted assignment without the written consent of QuickPacket
will not be valid.
7. This agreement shall be governed by and construed
in accordance with the laws of the State of South Carolina,
Greenville County, without regard to choice of law provisions
that would cause the application of the law of another
jurisdiction.
8. QuickPacket reserves the right to terminate service for any
reason with twenty-four hours notice. QuickPacket does not
forfeit any rights under this agreement by terminating service. QuickPacket reserves
the right to refuse service to anyone at any time for any reason.
9. If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force
and effect and said provision shall be reformed only to the
extent necessary to make it enforceable.
10. This agreement will begin on the date the services are installed
and made available to the Customer and will be valid until the
end of the calendar month. The agreement will automatically
renew for successive one calendar month periods until terminated
by either party.
11. Customer acknowledges that it may have access to certain
confidential information of the other party concerning
QuickPacket’s business, plans, customers, technology, products,
and services ("Confidential Information"). Confidential
Information shall include, but not be limited to, QuickPacket’s
proprietary software, technology and trade secrets and customer
information, to the extent identified as confidential or
proprietary, and the terms and conditions of this Agreement.
Communications between QuickPacket and Customer are confidential
and shall not be disclosed to any third party for any reason
(except those required by law). Customer agrees that it shall
not use in any way, for its own account or the account of any
third party, nor disclose to any third party (except as required
by law), any of QuickPacket’s Confidential Information and
shall take reasonable precautions to protect the
confidentiality of Confidential Information. Information
shall not be deemed Confidential Information hereunder if such
information:
a. is rightfully known to the Customer prior to receipt from
QuickPacket directly or indirectly from a source other than one
having an obligation of confidentiality to the QuickPacket;
b. becomes known (independently of disclosure by the QuickPacket)
to the Customer directly or indirectly form a source other than
one having an obligation of confidentiality to the QuickPacket;
c. becomes publicly known or otherwise ceases to be secret or
confidential, or is independently developed by the Customer.
12. Either party shall excused from any delay or failure in
performance hereunder, other than the payment of money, caused
by reason of any occurrence or contingency beyond its reasonable
control, including but not limited to, acts of God, earthquake,
hurricane, acts of terrorism, labor disputes and strikes, riots,
war, and governmental requirements.
13. The Customer and all of Customer’s end users shall use Services in
accordance with QuickPacket’s Acceptable Use Policy (AUP). The
AUP may be modified by QuickPacket with thirty (30) days notice
on QuickPacket’s web site. A copy of the AUP can be obtained
from QuickPacket’s web site.
14. Upon thirty (30) days notice, published on QuickPacket’s web
site, QuickPacket may modify or amplify these terms and
conditions as well as discontinue or change the services
offered.
15.The Customer has authority to enter into this agreement on behalf of
the Company, if applicable.
16. Upon signup and submission of your first payment, you
certify that you have read and agree to the Terms of Service.
Your continued payment and utilization of QuickPacket products
and services signifies that you have read and agree to the
current version of the Terms of Service. An updated
version may be obtained from QuickPacket's web page at
www.quickpacket.com.
These terms were last modified on November 29, 2006.
18. Customer must submit payment by credit card or PayPal by 5:00 PM local time (-0500 GMT) on the first of the month. All fees paid are non-refundable. Please contact us using the support ticketing system if you have any questions about how to make a payment. Service will be interrupted if payment is not received on time. Service interruption does not cancel your service. Until we receive and acknowledge service cancellation, you will continue to be billed your monthly fee. A $35 reactivation fee may be imposed at the discretion of QuickPacket. If any payments are returned or charged back, we will impose a $35 returned payment fee.
Service will be interrupted until the returned payment is repaid
in addition to the $35 returned payment fee.
19. QuickPacket requires 30-days notice of cancellation on all products and services. Please use our support ticketing system to notify of cancellation. Service will not be cancelled until you receive confirmation from us. We only bill in full monthly increments (with the exception of your first month), so please take this into account when scheduling your cancellation.
20.
QuickPacket makes no guarantee of confidentiality or privacy of
any information transmitted through or stored upon QuickPacket
technology, and makes no guarantee that any other entity or
group of users will be included or excluded from QuickPacket's
network. In addition, QuickPacket may periodically monitor
transmissions over its network for maintenance, service quality
assurance or any other purpose permitted by the Electronic
Communications Privacy Act, P.L. No. 99-508, as amended.
Section II. Acceptable Use Policy
This Acceptable Use Policy applies to all persons and entities
(collectively, "customers") using the products and services of
QuickPacket, LLC, ("QuickPacket") including Internet service.
The policy is designed to protect the security, integrity,
reliability, and privacy of both the QuickPacket network and the
products and services QuickPacket offers to its customers.
QuickPacket reserves the right to modify this policy at any
time, effective immediately upon posting of the modification.
Your use of QuickPacket's products and services constitutes your
acceptance of the Acceptable Use Policy in effect at the time of
your use. You are solely responsible for any and all acts and
omissions that occur during or relating to your use of the
service, and you agree not to engage in any unacceptable use of
the service.
What uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the
following:
1. Posting, transmission, re-transmission, or storing material
on or through any of QuickPacket's products or services, if in
the sole judgment of QuickPacket such posting, transmission,
re-transmission or storage is: (a) in violation of any local,
state, federal, or non-United States law or regulation
(including rights protected by copyright, trade secret, patent
or other intellectual property or similar laws or regulations);
(b) threatening or abusive; (c) obscene; (d) indecent; or (e)
defamatory. Each customer shall be responsible for determining
what laws or regulations are applicable to his or her use of the
products and services.
2. Installation or distribution of "pirated" or other software
products that are not appropriately licensed for use by
customer.
3. Resale of QuickPacket’s products and services without the
express prior written consent of QuickPacket (unless you are an
authorized wholesaler).
4. Deceptive marketing practices.
5. Actions that restrict or inhibit anyone - whether a customer
of QuickPacket or otherwise - in his or her use or enjoyment of
QuickPacket's products and services, or that generate excessive
network traffic through the use of automated or manual routines
that are not related to ordinary personal or business use of
Internet services.
6. Introduction of malicious programs into the QuickPacket
network or servers or other products and services of QuickPacket
(e.g., viruses, trojan horses and worms).
7. Causing or attempting to cause security breaches or
disruptions of Internet communications. Examples of security
breaches include but are not limited to accessing data of which
the customer is not an intended recipient, or logging into a
server or account that the customer is not expressly authorized
to access. Examples of disruptions include but are not limited
to port scans, flood pings, packet spoofing and forged routing
information.
8. Executing any form of network monitoring that will intercept
data not intended for the customer.
9. Circumventing user authentication or security of any host,
network or account.
10. Interfering with or denying service to any user other than
the customer's host (e.g., denial of service attack).
11. Using any program/script/command, or sending messages of any
kind, designed to interfere with, or to disable a user's
terminal session.
12. Failing to comply with QuickPacket's procedures relating to
the activities of customers on QuickPacket-owned facilities.
13. Furnishing false or incorrect data on the order form
contract (electronic or paper) including fraudulent use of
credit card numbers or attempting to circumvent or alter the
processes or procedures to measure time, bandwidth utilization
or other methods to document "use" of QuickPacket's products or
services.
14. Sending unsolicited mail messages, including the sending of
"junk mail" or other advertising material to individuals who did
not specifically request such material, who were not previous
customers of the customer or with whom the customer does not
have an existing business relationship (e.g., E-mail "spam"); or
distributing, advertising or promoting software or services that
have the primary purpose of encouraging or facilitating
unsolicited commercial E-mail or spam.
15. Harassment, whether through language, frequency, or size of
messages.
16. Unauthorized use or forging of mail header information.
17. Solicitations of mail or any other E-mail address other than
that of the poster's account or service, with the intent to
harass or collect replies.
18. Creating or forwarding "chain letters" or other "pyramid
schemes" of any type.
19. Use of unsolicited E-mail originating from within the
QuickPacket network or networks of other Internet Service
Providers on behalf of or to advertise any service hosted by
QuickPacket or connected via the QuickPacket network.
20. Exporting, re-exporting, or permitting downloads of any
content in violation of the export or import laws of the United
States or without all required approvals, licenses and
exemptions.
21. Virtual Hosting and Reseller Accounts are not to be
used for file hosting, data backup storage, or other related
services without prior express written approval from
QuickPacket.
22. IRC-related and Warez-related activities are strictly
forbidden. Customers found in violation will be terminated
without warning.
No failure or delay in exercising or enforcing this policy shall
constitute a waiver of the policy or of any other right or
remedy. If any provision of this policy is deemed unenforceable
due to law or change in law, such a provision shall be
disregarded and the balance of the policy shall remain in
effect.
Abusable Resources
Upon notification of the existence of an abusable resource
(e.g., open news server, unsecured mail relay, or smurf
amplifier), the customer shall immediately take all necessary
steps to avoid any further abuse of such resource. Any abuse of
an open resource that occurs after the customer has received
such notification shall be considered a violation of this policy
and enforced as such.
Enforcement
QuickPacket may immediately suspend and/or terminate the
customer's service for violation of any provision of this policy
upon verbal or written notice, which notice may be provided by
voicemail or E-mail. Prior to suspension or termination,
QuickPacket attempts to work with our customers to cure
violations of this policy and ensure that there is no
re-occurrence; however, QuickPacket reserves the right to
suspend or terminate based on a first offense.
Questions?
If you are unsure of whether any contemplated use or action is
permitted, please contact QuickPacket at
abuse@quickpacket.com
or 800-719-3761.
Section III.
Service Level Agreement
QuickPacket is committed to
providing a high quality service to its customers. As a
result of our commitment to high quality, QuickPacket is pleased
to offer the following commitments to our customers:
1.
Installation Guarantee
Upon the receipt of an order, payment
in full by Customer, and the approval of the sales manager,
QuickPacket will install the ordered product(s) or service(s)
for the customer's use within fourteen (14) business days.
QuickPacket may be out of stock from time to time on a
particular product or service, in which case, QuickPacket may
delay installation until the product or service becomes
available. If the product(s) or service(s) are not
delivered within fourteen days, the customer can apply for a
pro-rated monthly fee based on the length of the delay.
The customer is responsible for applying for this service credit and
providing evidence to substantiate their claim by submitting a
support ticket
within twenty-one (21) days of the original order date.
2.
Network Availability Guarantee
QuickPacket guarantees 100%
uptime on its network. If the network is unavailable for
more than 15 consecutive minutes, the customer can apply for a
service credit based on a pro-rated monthly fee equal to the length of the outage.
The customer is responsible for applying for this service credit and
providing evidence to substantiate their claim by submitting a
support ticket
within five (5) days of the outage.
3. Hardware Replacement
Guarantee
After technical support diagnoses the problem as a
hardware failure on any dedicated server plan, QuickPacket will
replace the faulty hardware component within twelve (12) hours with
a equal or better component. If the component is not
replaced within twelve hours, the customer can apply for a
pro-rated monthly fee based on the length of the delay.
The customer is responsible for applying for this service credit and
providing evidence to substantiate their claim by submitting a
support ticket
within five (5) days of the issue.
Scheduled Maintenance
QuickPacket will notify the customer at least twenty-four (24)
hours in advance of any regularly scheduled maintenance.
QuickPacket will make a best effort to provide as much notice as
possible for unscheduled or emergency maintenance. The
customer must monitor the
StatusPacket site for notifications of maintenance activity.
Discretion
Service credits will be granted at the
discretion of QuickPacket. Service credits will not be
granted for issues out of the control of QuickPacket. The
limit of QuickPacket's liability under the service level
agreement is not more than one monthly fee during any six month
period.
Questions?
Please submit a
support ticket
with any additional questions or to apply for a credit under
this agreement.
