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. All clients must ensure that their customers do not act in violation 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. More details about Copyright infringement are below. 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. If any Optimal Link client interferes with another'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.

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 are 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 services 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 all rules and Acceptable Use Policies that are appropriate for those networks accessed through Oplink.net. Each Optimal Link 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 services to resolve system problems or mail system errors, or to access information requested by subpoena. Oplink.net has and will comply 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.

Examples of unacceptable on all Dedicated, VPS, Colocation services include:




Zero Tolerance Spam Policy

Oplink.net has no tolerance for the use of its network for the distribution of bulk commercial e-mail transmissions (spam). 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. Mass commercial email messaging with opt-out provisions is considered spam, and is not permitted. Receipt of complaints of spam from SpamCop, Spamhaus, or equivalent entities, or "poor" ranking of an IP address in SenderBase, are considered evidence of spam activity and a violation of this AUP.

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 section may result in immediate suspension or termination of services without any refund, and if a contract is in effect there may be full enforcement of penalties as described in the contract language for default of contract.

Billing Policies

All clients are required to provide a Credit card or Paypal. 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 via our client login or by calling us. Non use of an account does not release the client from liability for charges. $45.00 fee shall be charged for returned checks or chargebacks from you credit card or paypal account. If the client has provided credit card or paypal information to Oplink.net, the client understands that charges will be billed to the each month for services. The client hereby authorizes this automatic billing by Oplink.net.

Invoicing for all services occurs on a periodic basis at the beginning of each period and provides for service until the end of the period. There shall be no pro-rated refund for time remaining in a billing cycle if the service(s) are cancelled prior to the end of the monthly billing cycle. 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 at it's discretion: 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 and Refunds

We reserve the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

All requests for canceling services must be issued via https://my.oplink.net

All customers wanting to cancel any service are required to before the billing period ends. We do not pro-rate cancels. Clients are responsible for the entire billing cycle. Failure to remove COLO equipment after issuing a cancel request shall result in continued normal charges for monthly service until all canceled COLO devices are removed or disposed. Canceled COLO devices must be removed during normal business hours (M-Thur 9am - 5pm, FRI 9am -4pm) by appointment 24 hours in advance of removal to avoid after hours support charges. There is a $25 handling fee plus the cost of packing material and the cost of shipment for shipping each colocation device from the Oplink.net data center. If canceled service COLO devices are not removed within 60 days after last payment or notice of cancellation, Oplink.net may at it's sole discretion take possession of the device without compensation to the client.

Oplink.net gives you a 3 day money back guarantee on (VPS) servers. With Dedicated Servers and COLO we do not offer any money back guarantee, you are responsible for 1 month minimum. This is due to physical effort that goes in to setup of these devices.

There are no refunds on administrative fees, addons such as cPanel license fees, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for our money back guarantee. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Acceptable Use Policy will waive any refund and will result in suspension/termination of services.

Scheduled Maintenance

We will make reasonable efforts to provide at least 24 hours 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 on-line 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 for the purchase of a domain registration or other add-ons 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 on-line 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
411 N Sam Houston Pkwy, E
Suite 220
Houston, TX 77060
By email: [email protected]

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.