TOS

Details

Created on Saturday, 07 May 2011 02:32

Last Updated on Wednesday, 18 May 2011 18:28

Written by Administrator

Hits: 960

Terms of service:

Terms of Service (“TOS”)
Customer agrees to the following TOS:
1. Term and Termination: Unless requesting Hourly Services (as defined in paragraph 4 below) or otherwise agreed to by the parties in writing, Customer agrees
to a month-to-month contract term for services. The month-to-month contract for services is automatically renewed each month in perpetuity subject to written
cancellation by the Customer. Please carefully review Packetscan.com’s cancellation policy set forth in Paragraph 9 below. Packetscan.com may terminate this Agreement
upon non-payment as set forth in paragraph 11 below. At its sole discretion, Packetscan.com may terminate this Agreement if Customer violates any terms and
conditions of Packetscan.com’s AUP.
2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly
anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are
due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
3. Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing
Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future
charges will appear as full monthly fees added to your existing Anniversary Billing Date.
4. Hourly Service Fees: For any services offered by Packetscan.com on an hourly basis (“Hourly Services”), Customer shall specify the period of time for which the
Hourly Services are requested, or cancel at any time. The minimum period of time for which Hourly Services may be requested is one (“1”) hour and Customer will
be billed in full hourly increments, and no breakdown by minutes shall be permitted. Unless otherwise specifically stated in the MSA, Customers who request
Hourly Services agree to all terms and conditions in Packetscan.com’s MSA, including but not limited to these TOS and the AUP. Customers will be billed for Hourly
Services and receive any SLA credits, if applicable, on the Anniversary Billing Date (as set forth and defined in paragraph 2 above).
5. Additional Service Fees: Additional services, not including Hourly Services, ordered on the Anniversary Billing Date will be billed for the full month service and
will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next
anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
6. One Time Fees: One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in
writing or via ticket with Packetscan.com’s approval. One time fees, such as bandwidth overages and StorageLayer overages are due and payable upon an invoice
following the billing cycle in which they are incurred, and are based on standard rates, or as otherwise agreed upon in writing or via ticket with Packetscan.com’s
approval.
7. Taxes: Customer is responsible for paying all foreign, federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect
to any services, other than those taxes based on Packetscan.com’s net income.
8. Service Credits: SLA credits will be issued to your Customer account and shall be used to offset future billable services. SLA credits shall not be issued as cash
back to the Customer nor shall the service credits be transferable to other account holders. SLA credits shall expire if Customer’s account is fully terminated.
9. Cancellation: Because cancellation is automated, Packetscan.com requires a written cancellation notice via the customer portal, a minimum of twenty-four
(“24”) hours prior to 00:00:01 CST (GMT-6) on the Anniversary Billing Date for discontinuance or downgrades of month-to-month services. Failure to
supply the requisite twenty-four (“24”) hours written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Any server
cancellation prior to the minimum deadline will remain online until the automated process reclaims your server on the Anniversary Billing Date. Notice
of written cancellation is required through the online customer portal located at https://manage.Packetscan.com.com. All Customer data remaining after the
cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.
10. Refunds & Disputes: All services rendered by Packetscan.com are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees,
upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket
inside the Customer portal located at https://manage.Packetscan.com.com. Customer agrees not to chargeback any credit card payments for services rendered. A
chargeback of payment for services rendered will result in an additional charge of one hundred fifty dollars (“$150”) and will be subject to collection by an
authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection
agency fees) incurred by Packetscan.com in enforcing collection.
11. Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the Anniversary Billing Date is a violation of
the TOS. Failure to remit payment for five (“5”) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer
services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within seven (“7”)
consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee
of twenty dollars (“$20”) will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A fifty dollar (“$50”) reconnect
fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (“7”) days of nonpayment
will be destroyed for security and privacy reasons, unless otherwise required by law.
12. Data: Packetscan.com agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and
retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating
system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for
data integrity, retention, security, backup, and ownership. In the event that Packetscan.com handles Customer data, i.e., when replacing hard drives, Packetscan.com will act in
accordance with PCI guidelines to ensure data is securely handled.
13. Identity Use: Customer agrees to use the Packetscan.com logo, Packetscan.com information, and/or related services in accordance with Packetscan.com’s approved marketing
guidelines. Packetscan.com agrees not to use Customer logos without prior written consent of Customer.
14. Permitted Use: By accepting the MSA, Customer agrees to use Packetscan.com’s services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES
NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF Packetscan.com’S
SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, Packetscan.com reserves the right to immediately terminate Customer’s account and will
pursue any and all legal remedies available.
15. LAWS: CUSTOMER AGREES TO ABIDE BY ALL LOCAL, STATE, AND FEDERAL LAWS PURSUANT TO SERVICES DELIVERED IN DALLAS, TEXAS,
UNITED STATES OF AMERICA. THIS AGREEMENT IS MADE UNDER AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
TEXAS, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY AND ALL LEGAL REMEDIES
ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE DALLAS COUNTY, DALLAS, TEXAS. EACH PARTY IRREVOCABLY CONSENTS TO THE
FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.
Contact Us
1-203-450-4301
Packetscan.com
Initials
_______________
© 2011 Packetscan.com Effective 20 February 2011
Terms of Service (“TOS”)
16. INDEMNIFICATION: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS Packetscan.com, Packetscan.com’S AFFILIATES, AND ITS RESPECTIVE
OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES,
OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY
KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS' FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL
LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER’S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR
MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
17. LIMITATION OF LIABILITY: EXCEPT AS DESCRIBED IN THE SLA, Packetscan.com SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR
RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. Packetscan.com SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MSA, THE MAXIMUM AGGREGATE LIABILITY OF Packetscan.com AND ANY OF ITS
EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING
SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
18. Arbitration: Any controversy or claim arising from service or related to this MSA or breach therein in excess of five hundred dollars (“$500”) shall be settled by
arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above
apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
19. Legal Compliance: By accepting this MSA, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of
prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the
Company he/she represents, if any. Additionally, Customer warrants that he/she is at least eighteen (“18”) years of age or older and are not otherwise legally
incapacitated to execute this Agreement.
20. Electronic Signature: Acceptance by Customer of the MSA incorporating the TOS, AUP, SLA, and PA hereby initiates billable services and is deemed
complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
NOTE: If Customer downloads or uses any Packetscan.com applications (“Licensed Application”) that run on the Apple Inc. (“Apple”) operating system
(“iOS”), such as with the iPhone, iPod touch, iPad or other related device using such iOS, the following terms apply and Customer must agree to and
acknowledge these terms in addition to those contained in Packetscan.com’s Master Service Agreement:
1. Acknowledgement: Packetscan.com and Customer acknowledge that the Master Service Agreement (“MSA”), also commonly referred to as the End User License
Agreement (“EULA”), is concluded between Packetscan.com and Customer only, and not with Apple Inc. (“Apple”), and Packetscan.com, not Apple, is solely responsible for the
Licensed Application and the content thereof. Packetscan.com’s MSA requirements and usage rules for Licensed Applications are not less restrictive than the Usage
Rules set forth for Licensed Applications in, and are not otherwise in conflict with, the App Store terms of service as of the Effective Date, which Packetscan.com and
Customer acknowledge having had the opportunity to review.
2. Scope of License: The license granted to Customer for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any
iOS that Customer owns or controls and as permitted by the Usage Rules set forth in the App Store terms of service
(http://www.apple.com/legal/itunes/appstore/dev/stdeula/).
3. Maintenance and Support: Packetscan.com is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as
specified in the EULA, or as required under applicable law. Packetscan.com and Customer acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the Licensed Application.
4. Warranty: Packetscan.com is solely responsible for any product warranties, whether express or implied by law, to the extent not otherwise disclaimed. In the event of
any failure of the Licensed Application to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price for the
Licensed Application to Customer; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will
be Packetscan.com’s sole responsibility.
5. Product Claims: Packetscan.com and Customer acknowledge that Packetscan.com, not Apple, is responsible for addressing any claims of Customer or any third party
relating to the Licensed Application or Customer’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii)
any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation. Packetscan.com’s MSA does not limit its liability to Customer beyond what is permitted by applicable law.
6. Intellectual Property Rights: Packetscan.com and Customer acknowledge that, in the event of any third party claim that the Licensed Application or Customer’s
possession and use of that Licensed Application infringes that third party’s intellectual property rights, Packetscan.com and/or Customer, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Contact Information: Any Customer questions, complaints or claims with respect to the Licensed Application should be directed to:
Milford Technology Associates, LLC. D/B/A Packetscan.com
85 Marsh Way
Stratford, CT 06614
Phone: 203-450-4301
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
8. Third Party Beneficiary: Packetscan.com and Customer acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and
that, upon Customer’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the
EULA against Customer as a third party beneficiary thereof.
9. This document is owned by softlayer, we used it with authorization to let our customers know the constraints they must follow. We claim no ownership of this document
as "they" we gracious enough to allow the usage of said document for the purpose of informing our customers of their responsibilities