BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE ACCEPTANCE BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE, OR ARE AUTHORIZED TO SIGN FOR AND BIND, THE CONTRACTING PARTY DEFINED BELOW AS “CUSTOMER;” AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS ONLINE AGREEMENT. OTHERWISE, DO NOT CLICK THE ACCEPTANCE BUTTON TO PROCEED AND YOUR ORDER WILL BE DISCONTINUED.
This Online Agreement (this “Agreement”) is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the “Effective Date”)’ by and between the NetDepot.com, LLC (“NetDepot” or “Provider”) and “Customer,” the individual or entity entering into this Agreement. NetDepot reserves the right to amend this Agreement from time to time without notice to Customer. The most current version of this Agreement can be reviewed by clicking on the “TOS” hypertext link located at the bottom of www.NetDepot.net web page.
NetDepot agrees to provide and customer agrees to purchase the services requested by customer from the website, in email or in writing. Customer may add services via any of the 3 methods and agrees to pay in advance for them whether they be 1 time charges or recurring monthly fees.
NetDepot will invoice Customer for Fees and Expenses monthly; provided, however, that NetDepot may invoice Customer for Fees and Expenses associated with Service(s) provided pursuant to a customer request immediately upon NetDepot’s provision of such Service(s). Customer acknowledges that NetDepot will invoice certain Service(s) (including without limitation telecommunications services) in advance of the provision of such Service(s). Payment shall be due immediately upon the invoice date for recurring monthly services whether or not customer has received an invoice yet or not. Invoices which remain unpaid fifteen (15) days after receipt of same by Customer shall accrue interest at a rate of one and a half percent (1.5%) per month (or at the maximum interest rate otherwise allowed by law) until paid in full and service may be terminated for non payment after 7 days nat NetDepot option. Expenses shall be included on an invoice only to the extent that the actual amount of Expenses is known to NetDepot at the time the invoice is issued, and Expenses for which an actual amount is not known to NetDepot at the time an invoice is issued may be included on subsequent invoices. Unless otherwise agreed in writing by the Parties, the failure of NetDepot to include earned or incurred Fees or Expenses on a given invoice shall not relieve Customer of its obligation to pay such Fees or Expenses. Customer’s obligation to pay Fees or Expenses shall survive the termination of this Agreement for any reason whatsoever.
For unmetered bandwidth servers, the bandwidth allocation that comes with the server (10M bps, 100M bps or 1Gbps) is completely usable and Customer may burst to the full port size. However, Customer agrees that average monthly usage may not exceed 35% of this allocated rate (3.5Mbps, 35Mbps or 350M bps respectively), or Customer’s account will be subject to review and Bandwidth Overagages may apply. Dedicated file download, streaming or sharing websites in nature are prohibited at the standard unmetered pricing and are subject to special pricing on unmetered lines.
Customer agrees that advertised bandwidth allowances represent the sum of the incoming and outgoing allowances. Customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the allowance shall be billed at $0.20 USD per GigaByte.
For its “Unmanaged” server solutions, NetDepot will provide hardware reboots and troubleshoot network related issues for no charge. For all other services including firewall, operating system reboots, and advanced troubleshooting services outside of hardware or network related issues, NetDepot will invoice Customer $40 USD per 15 minutes of administration service.
Customer grants NetDepot a blanket security interest in the customer’s contract with their customers who are renting servers from them in the NetDepot data center and any equipment which they have collocated in the NetDepot data center in the event of non-payment by customer; customer agrees that NetDepot may take these customer contracts direct and or sell the equipment without a tortious interference claim or unlawful conversion claim to protect the credit balance owed NetDepot by customer and full ownership of the contracts shall transfer as well if balance is more than 60 days old. Any amounts collected from any sale of equipment above and beyond the balance owed will be returned to the customer within 10 business days.
This Acceptable Use Policy applies to all persons and entities (collectively, “customers”) using the products and services of NetDepot including Internet service. The policy is designed to protect the security, integrity, reliability, and privacy of both the NetDepot network and the products and services NetDepot offers to its customers. NetDepot reserves the right to modify this policy at any time, effective immediately upon posting of the modification. Your use of NetDepot’s products and services constitutes your acceptance of the Acceptable Use Policy in effect at the time of your use. You are solely responsible for any and all acts and omissions that occur during or relating to your use of the service, and you agree not to engage in any unacceptable use of the service.
What Uses are Prohibited?
Unacceptable use includes, but is not limited to, any of the following:
Posting, linking to, transmission, re-transmission, or storing material on or through any of NetDepot’s products or services, if in the sole judgment of NetDepot
such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including
rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d)
indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products
Installation or distribution of “pirated” or other software products that are not appropriately licensed for use by customer.
Deceptive marketing practices.
Actions that restrict or inhibit anyone whether a customer of NetDepot or otherwise in his or her use or enjoyment of NetDepot’s products and services, or that
generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet
Introduction of malicious programs into the NetDepot network or servers or other products and services of NetDepot(e.g., viruses, trojan horses and worms).
Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited
to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to
access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information. This also includes
no IRC on the network.
Executing any forrn of network monitoring that will intercept data not intended for the customer.
Circumventing user authentication or security of any host, network or account.
Interfering with or denying service to any user other than the customer’s host (e.g., denial of service attaCk).
Using any program/script or command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
Failing to comply with NetDepot’s procedures relating to the activities of customers on Cogent-owned facilities.
Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to
circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document “use” of NetDepot’s products or
Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such
material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g ., E-mail
Harassment, whether through language, frequency, or size of messages.
Unauthorized use or forging of mail header information.
Solicitations of mail or any other E-mail address other than that of the poster’s account or service, with the intent to harass or collect replies.
Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
Use of unsolicited E-mail originating from within the Cogent network or networks of other Internet Service Providers on behalf of or to advertise any
service hosted by NetDepot or connected via the NetDepot network.
Exporting, re-exporting , or permitting downloads of any content in violation of the export or import laws of the United States or without all required
approvals, licenses and exemptions.
HYIP sites are not allowed. HYIP stands for High Yield Investment Programs.
Sites that are attacking in nature, specifically “sucks” types sites and sites that use others corporate names to promote them as sucking or use their corporate image I logo exactly or in slightly altered ways are expressly disallowed. No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall
be considered a violation of this policy and enforced as such.
NetDepot may immediately suspend and/or terminate the customer’s service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, NetDepot attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, NetDepot reserves the right to suspend or terminate based on a first offense.
Electronic Communications Privacy Act Notice NetDepot makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon NetDepot technology, and makes no guarantee that any
other entity or group of users will be included or excluded from NetDepot’s network. In addition, NetDepot may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.
Title 17, Chapter 5,512, C,
In compliance with Title 17, Chapter 5, 512, C, (2) “Designated Agent” of the “Copyright Law of the United States of America and Related Laws Contained in Title
17 of the United States Code” available at the “Interim Designation of Agent to Receive Notification of Claimed Infringement” for NetDepot.com, LLC has been
filed with the U.S. Available at the Copyright Office or on OUR SITE HERE with the following contact information:
Name of Agent Designated to Receive Notification of Claimed Infringement:
2626 Spring Cypress Road
Spring, TX 77388
Telephone Number of Designated Agent: 281-942-2800
Email address of Designated Agent: email@example.com
We recommend that all notices be sent via registered mail, signature required, to the agent of record to ensure receipt.
What Information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter or fill out a form.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience, your information helps us to better respond to your individual needs
To improve our website, as we continually strive to improve our website offerings based on the information and feedback we receive from you.
To improve customer service, your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions: Your information, whether public or private, will not be sold, exchanged, transferred. or given to any other company for any
reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, surveyor other site feature
To send periodic emails pertaining to your order or other related news, updates and product or service information. If you would like to unsubscribe from
all commercial emails from NetDepot, we include detailed unsubscribe instructions at the bottom of each email, or you can visit our unsubscribe page here.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Do we disclose any Information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site pOliCies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act); we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Safe Harbor Privacy Statement
NetDepot complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. NetDepot has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view NetDepot’s certification, please visit http://www.export.gov/safeharbor/
This policy was last modified on 9/2/2010.
2626 Spring Cypress Road
Spring, TX 77388