Terms of Service
Terms of Service for QuickPacket, LLC
The following agreement is between QuickPacket, LLC, a North Carolina Limited Liability Company (hereinafter referred to as "QuickPacket"), 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 North Carolina, Iredell 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 be bound by the Terms of Service. Your continued payment and utilization of QuickPacket products and services signifies that you have read and agree to be bound by 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 May 5, 2012.
17. Customer must submit payment by credit card, PayPal, or other acceptable payment method as determined by QuickPacket by 5:00 PM local time (US Eastern Time) on the due date of the invoice. 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 the Customer's account becomes past due, interest will accrue on the current account balance at the rate of one and one half percent (1.5%) per month or at the maximum interest rate allowed by law until all account balances are paid.
18. QuickPacket requires written notice of cancellation on all products and services. Dedicated servers and co-location services require 30-days notice of cancellation and all other services require 5-days notice of cancellation. Please use our support ticketing system to notify us 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) and we do not offer refunds, so please take this into account when scheduling your cancellation.
19. If any payments are returned as a result of a dispute, insufficient funds or otherwise charged back, QuickPacket will impose a $35 returned payment fee. Service may be interrupted or terminated as a result of a returned payment. If service is interrupted, service will not be restored until the returned payment is repaid in addition to the $35 returned payment fee. If service is terminated, the customer is not entitled to a refund and is prohibited from any further use of QuickPacket services until the $35 returned payment fee is paid.
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.21. Customer grants QuickPacket a blanket security interest in the equipment which the Customer has colocated with QuickPacket. In the event of non-payment by Customer, Customer agrees that QuickPacket may sell the Customer's equipment to satisfy the account balance owed to QuickPacket by the Customer. Any amounts collected from any sale of the Customer's equipment above and beyond the balance owed will be returned to the customer within ten (10) business days.
22. In order to protect against fraudulent orders, QuickPacket may request a scanned or faxed copy of the credit card, a government-issued photo identification (such as a passport) and/or a recent utility bill with the Customer's name and address listed as a form of order verification. The Customer agrees to provide this information, if requested.
23. All requests for Internet Protocol Addresses ("IP Addresses") must be justified. QuickPacket will be the sole arbiter as to whether or not the justification provided by the Customer is adequate.
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. Warez and any related activities (including hyperlinks on pages hosted on our network). Use of BitTorrent to distribute illegal and/or copyrighted material without the express written consent of the copyright holder.
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 "bulk mail", "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. Non-compliance with all relevant legislation and regulations regarding bulk and commercial e-mail, including but not limited to the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003.
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. Using a shared hosting or reseller hosting accounts for file hosting, data backup storage, or other related services without prior express written approval from QuickPacket.
22. Any activity related to TOR or any other anonymity networks and/or services.
23. Any activity related to Internet Relay Chat (IRC).
24. Use of Microsoft software licenses that are not obtained through QuickPacket's Microsoft Service Provider License Agreement.
25. Use of any type of virtualization or container (such as qemu or OpenVZ) inside of a Virtual Private Server.
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 may attempt to work with Customer 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. No refunds or credits will be granted for services that are suspended and/or terminated for a violation of this policy.
Questions?
If you are unsure of whether any contemplated use or action is permitted, please contact QuickPacket by submitting a support ticket.
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.
