Acceptable Use Policy

This document outlines the terms and conditions applicable to all clients who use The Optimal Link Corporation (Oplink.net) for Internet access and services. Each client must ensure that its customers do not act in violaton of this Acceptable Use Policy. Use of Oplink.net's services constitutes acceptance of all the terms and conditions set out below.

Content

The 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, copyright, trade secret or other intellectual property is strictly prohibited. Clients are prohibited from using the 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.

Anyone who publishes materials and information that 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 that 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.

Oplink.net reserves the right to access a client'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-mails 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.

Zero Tolerance Spam Policy

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 website or e-mail address hosted on the 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. Violating the spirit or the language of this paragraph may 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.

Billing Policy

All 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 or near to the 1st business day of the beginning of each month. It is the client's responsibility to notify Oplink.net with 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 a month will not be refunded for the remaining days in the month. 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 a minimum of 1-2 business days notice before the last day of the month to cancel service. The customer is responsible to return all Oplink.net equipment no later than 15 days after the last day of service to avoid the full price of the equipment being charged to your account. If the equipment is returned after the 15 day period, but no greater than 45 total days after the last day of service, 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.

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 minimum $5.00 late fee or 1.5% of the outstanding balance, whichever is greater, 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.

Scheduled Maintenance

We will make reasonable efforts to provide at least 2 business-days advance notice by e-mail for scheduled maintenance. Outages due to scheduled network maintenance are not grounds for any credits or claims for damages. 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.

Price Policy and Modifications to this AUP

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's web page: http://www.oplink.net/aup.html. 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 of such notice constitutes acceptance of the new terms and conditions.

Coupons/Promotions

Discounts and coupon codes may be reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration or other addons unless otherwise specified. Unless specified otherwise, the use of a coupon, will not allow the use of another identical coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

DSL Term Policy

Oplink.net Annual Term DSL plans require the acceptance of the terms of service found at: https://www.oplink.net/contract/index.html. However, not completing the online contract form does NOT 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.

DMCA Copyright Infringement Information

In accordance with the Digital Millennium Copyright Act, we have a policy to suspend or terminate accounts that are found to be in violation of copyright laws and standards. We respect the intellectual property of others, and we ask you to do the same. In appropriate circumstances and at our discretion, we may disable and/or terminate the accounts of customers who refuse to remove access to illegal copyrighted material upon our request, or who are determined to be repeat offenders.

If you believe that your work has been copied in a way that constitutes illegal copyright infringement, or your intellectual property rights have been otherwise violated, you must provide a Notice to our Copyright Agent (identified below) that includes the following information: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) A description of the copyrighted work or other intellectual property that you claim has been infringed; 3) A description of where the material that you claim is infringing is located on the site; 4) Your address, telephone number, and email address; 5) A statement by you that you have in good faith the belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized agent to act on the copyright or intellectual property owner's behalf. Our agent for notice of claims of copyright infringement can be reached as follows:

The Optimal Link Corporation
Attn: Copyright Infringement Agent
450 N Sam Houston Pkwy, E
Suite 130
Houston, TX 77060
By email: info@oplink.net

Disclaimer

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.

Disclosure

Oplink.net reserves the right to revise its policies at any time without notice.

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 as stated herein, or the client's failure to pay any fees or charges when due. If Oplink.net becomes aware of a violation of these Terms and Conditions, Oplink.net reserves the right to suspend or terminate the client's 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.