Acceptable Use Policy
This document outlines the terms and conditions applicable to all those who use ("clients") Oplink.net for Internet access and services. Each client must ensure that its customers do not act in a way that violates this Acceptable Use Policy. Use of Oplink.net's services constitutes acceptance of all the terms and conditions set out below.
Oplink.net network may only be used for lawful purposes. The transmission of material that is in violation of any federal, state or local law, or that is protected by trademark, trade secret or other intellectual property is strictly prohibited. Clients are prohibited from using Oplink.net network to transmit material that is judged by Oplink.net to be illegal, proprietary, legally obscene, criminal, or in some fashion inconsistent with the generally accepted standards of the Internet community.
Oplink.net has zero tolerance for the use of its network by anyone for the distribution of bulk commercial e-mail transmissions. This includes the transmission of bulk e-mail by a third party to advertise a web site or e-mail address hosted on Oplink.net Network. Oplink.net will not tolerate the use of its network for the posting of messages or commercial advertisements which violate the rules, regulations, FAQ or charter of any newsgroup or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. Sending spam can result in termination of service and if a Contract is in effect there can be full enforcement of penalties as described in the contract language for default of contract.
Anyone who publishes materials and information which are accessible through Oplink.net network is solely responsible for the content of such materials and information and is solely responsible to know and comply with all laws applicable to the publication and distribution of such materials and information. Oplink.net does not accept responsibility for the content of the materials and information published by others which is accessible through the Oplink.net network and does not accept responsibility for the violation of any laws resulting from such publication or distribution.
Oplink.net is an Internet access provider and as such exercises no control over the content of the information passing through its network. It is expected that Oplink.net's clients will comply with whatever rules or Acceptable Use Policies that are appropriate for those networks accessed through Oplink.net. Each Optimal Link client accepts the responsibility to avoid whatever material it finds offensive. If any Optimal Link client interferes with other's use and enjoyment of the services provided by Oplink.net, such client shall be deemed to be in violation of this Acceptable Use Policy.
In the case of dial-up access, you are licensed to a single account for one connection at any given time, unless you pay for multiple connections. As a user, you understand that the unlimited access Internet account is not intended to be a dedicated line. Dedicated modems or unmonitored modems connected on a continuous basis are not allowed and will result in the cancellation of your account. The client is responsible for all telephone charges associated with connecting to Oplink.net. Depending on the client's particular location, the nearest access number may not be a local phone call and long distance charges may apply.
Oplink.net web hosting account descriptions specify limits on bandwidth and disk utilization. Bandwidth utilization is determined by the total number of bytes transferred from an account's Web and FTP space. Disk utilization is determined by the total number of bytes required to store an account's Web, FTP, and Mail data. In the event Oplink.net determines that an account is exceeding the monthly bandwidth or disk utilization, the account owner may be requested to upgrade the account's service agreement or to modify the activity creating the excess use. If excessive bandwidth or disk space utilization is determined to adversely affect Oplink.net's ability to provide service, immediate action will be taken. The account owner will be notified by e-mail as soon as practicable.
Oplink.net provides a fast and dedicated connection to the Internet utilizing technologies such as ADSL allowing our clients to better take advantage of what the Internet has to offer, such as downloading video's, MP3's, and games. However, our users must not assume that this connection provides for continuous high speed downloading or uploading for any considerable duration (multiple hours or days). The very fast download speed and upload speed provided via ADSL is defined as a burstable speed. Oplink.net can monitor bandwidth consumption down to a user level. If a client's bandwidth utilization exceeds standard usage, Oplink.net reserves the right to reduce the speed of the account, or request that the client upgrade the account to a higher level, or both. This is to protect the network from abusers who download huge amounts of data thus affecting the performance of our network and the available bandwidth for other clients.
Oplink.net Annual term DSL plans require the acceptance of the terms of service found at: https://secure.oplnk.net/contract.html . However, not completing the online contract form does NOT necessarily remove a client from the obligations and language of the term agreement. Use of the account, and acceptance (paying without protest) of monthly recurring charges that are calculated on the basis of annual term pricing, without informing Oplink.net within 15 days of the error of billing on the basis of a term contract account, shall warrant acceptance and legal agreement of the term contract in full.
Oplink.net, and the client, agrees to take diligent and reasonable measures to prevent disclosure of the client's password to others. In the absence of proof that Oplink.net allowed the client's password to be disclosed or wrongfully used, the client agrees to be responsible for all consequences including legal liability to Oplink.net or to others as provided by law, and suspension or termination of the client's account for nonpayment or other wrongful conduct, arising from the use or misuse of Oplink.net's services, the Internet, or any other facility accessed through the Internet, by any person utilizing the client's password. The client agrees to notify Oplink.net immediately if the client believes that the client's account, or password, has been used without the client's authorization. The client agrees that Oplink.net will not be responsible in any way for unauthorized use of the client's account or password.
Use of any information obtained via Oplink.net is at the client's own risk. Oplink.net specifically denies any responsibility for the accuracy or quality of information obtained through its network. Oplink.net exercises no control what so ever over the content of the information residing on or passing through it.
Oplink.net reserves the right to access an account's mailbox to resolve system problems or mail system errors. In addition, Oplink.net will cooperate with the appropriate legal authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.
Oplink.net makes no guarantee and assumes no liability for the security of any data on any server including "secure servers." Our clients are reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication.
All new clients are required to provide a credit card (Visa, MasterCard, Discover, American Express) during the account startup period. The first month of service and any additional startup fees specific to each account are required to be paid by credit card. All clients will be billed on the 1st business day at the beginning of each month. It is the client's responsibility to notify Oplink.net with the correct billing information. If your credit card is declined, it is your responsibility to update this information to us. Cancellations of accounts made after the first business day of the month will not be refunded. Non use of an account does not release the client from liability for charges. $25.00 shall be charged for returned checks. $30.00 will be charged for credit card charge back requests that are denied by Oplink.net. If the client has given the client's credit card number to Oplink.net, the client understands that charges will be billed to the client's credit card each month for his/her services. The client authorizes this automatic billing by Oplink.net. The client agrees to provide 1-2 business day notice before the last day of the month to cancel service. The customer is responsible to return all Oplink.net equipment 15 days after the last day service. If equipment is not returned on time, the full price of the equipment will be charged to your account. If the equipment is returned late after the 15 day period, but no greater than 45 total days, the client may receive a partial refund for returning the equipment late. All requests for canceling accounts must be made in by e-mail to: support@oplink.net or verbally at (281)-445-9800.
All clients accept the responsibly of making on time payments to Oplink.net for services rendered. If payment is not received in net of 15 days after the beginning of the month of service, the client will be billed an additional $5.00 late fee each month the overdue payment is left unpaid. Invoices for monthly charges via email in .pdf format are provided at no cost to all clients via the Account Manger service, and any current or historical invoice may be accessed and downloaded via the Account Manager.
Oplink.net reserves the right, at any time, to change its fees and billing procedures and otherwise modify this agreement, effective thirty (30) days after an online posting in Oplink.net web page, located at http://www.Oplink.net. Oplink.net may also elect, at its discretion, to supplement such notice of billing charges and modifications to this agreement through e-mail to the client's account or through the US mail to the account holder. Use of Oplink.net after the effective date constitutes acceptance of the new terms and conditions
Oplink.net makes no express or implied warranties or representations of any kind as to the quality, or fitness for the client's particular purposes, of the Internet, or its affiliates, or the services which are being provided. We explicitly disclaim any express or implied warranty of merchantability or fitness for any particular purpose whatsoever. We are not responsible for any loss the client suffers as a result of using Oplink.net, including but not limited to loss resulting from delays, improper or incomplete delivery of information, possible "computer viruses" or interruption of service, regardless of cause; wrongful use of the client's account by others; or the client's receipt of inaccurate data from any network accessed through Oplink.net. Force Majeure: We will not be responsible for any failure to perform any obligation or provide any Services hereunder because of any Act of God or nature, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond our immediate and reasonable control.
Scheduled Maintenance: We will make reasonable efforts to provide at least 2 business-day advance notice by e-mail for scheduled maintenance. Outages due to scheduled network maintenance will not be grounds for any credits or claims for damages against us.
The client understands that the cumulative liability of Oplink.net for any and all claims relating to the services provided, in contract, tort, or otherwise, shall not exceed the total amount of the basic service fees the client paid to Oplink.net for services during the period in question.
The client agrees that Oplink.net reserves the right to terminate the client's account at any time, for any reason, including, but not limited to, the client's failure to abide by the terms of this agreement or the client's failure to pay any fees or charges when due. If Oplink.net becomes aware that one of its clients is in violation of these Terms and Conditions, Oplink.net reserves the right to suspend or terminate service without notice, and the client is responsible for any early termination fees if the service is provided on a contract basis. In addition, Oplink.net reserves the right to interpret these Terms and Conditions in its sole discretion and to amend, revise, add or delete any provision of the Terms and Conditions. Violation of any of the terms and conditions of this Agreement may also result in possible civil proceedings against the client for any damages suffered by Oplink.net.
These terms and conditions shall be governed and interpreted in accordance with the laws of the state of Texas, United States of America. Use of Oplink.net services constitutes acceptance of the terms and conditions. |
