Acceptable Use Policy

Oplink.net believes in Freedom of Speech, customer privacy, and great customer support.

This document outlines the terms and conditions applicable to all Clients who use The Optimal Link Corporation (Oplink.net) services. All Clients reselling Oplink.net services must ensure their customers do not act in violation of this Acceptable Use Policy. Use of Oplink.net services constitutes acceptance of all the terms and conditions below. Violating the spirit or the language of these terms may result in immediate suspension or termination of services without refund. Terms of Services

Terms of Services


The Oplink.net network may only be used for lawful purposes. Transmission of material 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 to a third party, legally obscene, criminal, or in some fashion inconsistent with the generally accepted standards of the Internet community. Furthermore, if any Optimal Link Client interferes with another's use and enjoyment of the services provided by Oplink.net, such Client shall be in violation of this Acceptable Use Policy.

Each Oplink.net client accepts the responsibility to avoid any material he or she finds offensive. 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.

Oplink.net reserves the right to access a client's account and services to resolve system problems or mail system errors, or to access information requested by legal subpoena. Oplink.net complies with official subpoenas for information by appropriate legal authorities for investigation of 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.

We reserve the right to terminate or suspend any account at any time with or without notice when violation of this Acceptable Use Policy occurs. Clients may lose all data stored on our network from termination of services. Clients are responsible for their data and backups.

Specifically Prohibited Abuse


1. Any malicious script/app/software/IP Scanners that may cause harm to other networks.
2. Hosting of any pirated software/scams/phish/fraudulent content.
3. IP Spoofing and hosting of any TOR exit relays or nodes.
4. Promotion of illegal or unethical activity.
5. Spam. Oplink.net has zero tolerance for bulk email (spam) distribution. Bulk email sent to your clients who opt-in is allowed. Any Client running a mail server must request a reverse DNS record via support ticket.

Fair Share Resource Abuse


Any extended use of Oplink.net shared resources over an extended time that negatively affects other clients on our network. Common shared resources but not limited to vps cpu, non-guaranteed unmetered bandwidth, and DDoS protection. If you abuse this policy, we will open a ticket to notify you.

Bandwidth


Your server has full access to a 1Gbps Port so you can absorb occasional peak traffic. However, our bandwidth fairness policy is necessary to prevent any customer from using enough traffic to affect our network and other customers. If we observe sustained high traffic, we reserve the right to limit your port speed to 500 Mbps or less. To increase your bandwidth capacity, and make it guaranteed for needs such as public vpn hosting, mass file distribution, video on demand, and live streaming, 1 Gbps Guaranteed Bandwidth is an additional $199/month. You can add this to your Oplink.net Colocation, Dedicated Servers, or Virtual Server anytime. If your interested in 10 Gbps Burst or 10 Gbps Guaranteed, please contact us for a quote.

Billing


The client shall be responsible to update Oplink.net with correct billing information via our secure website or by calling us. The client hereby authorizes automatic billing by Oplink.net. Non-use of an account does not release the client from liability for charges. A $45 fee shall be charged for returned checks or chargebacks. If a client issues a chargeback, we may suspend all services immediately until the dispute is removed. Failure to resolve the dispute can result in full service termination.

Invoicing and Late Fees


Invoicing for all services occurs on a periodic (usually monthly) basis at the beginning of each period and provides for service until the end of the period. All clients accept the responsibly of making on time payments to Oplink.net for services rendered. If payment is not received on or before the invoice due date, Oplink.net may: 1) Charge a $5.00 late fee or 1.5% of the outstanding balance, whichever is greater; 2) Suspend services; or 3) Terminate services.

Cancellation


All requests for canceling services must be issued on our secure website. Clients are responsible for the entire billing cycle, and there shall be no pro-rated refund for time remaining in a billing cycle if service(s) are cancelled prior to the end of the billing cycle. We suggest you cancel before the next billing cycle begins. Canceled Collocated equipment shall continue to be billed until all canceled Collocated devices are removed. Collocated devices must be removed during normal business hours (M-Thurs. 9am - 5pm, Fri 9am -4pm) by appointment 24 hours in advance of removal to avoid after hours support charges. If canceled Collocated devices are not removed within 60 days after last payment or notice of cancellation, Oplink.net may at our sole discretion take possession of the device without compensation to the client.

Refunds


Oplink.net provides a 3-day money back guarantee on VPS servers. For Dedicated Servers and Collocated Servers, the client is responsible for a minimum of one-month cost. This is due to the effort required to setup these services. There are no refunds for administrative fees, add-ons such as license fees, or domain name registrations.

Scheduled Maintenance


We will make reasonable efforts to provide at least 24-hour 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.

Modifications


Oplink.net reserves the right to modify this agreement, effective thirty (30) days after on-line posting in the Oplink.net web page: http://www.oplink.net/aup.html. Oplink.net may also elect, at its discretion, to provide notice of modifications to this agreement through e-mail. Use of Oplink.net after email notice or 30-day elapse of online posting constitutes acceptance of new terms and conditions.

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 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, 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


Oplink.net is not 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.

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
363 N Sam Houston Pkwy, E
Suite 1100
Houston, TX 77060
By email: info@oplink.net