References to ("The Company") refer DataStream Communications/Ispeeds.net
and references to ("The User" or "User") refers
to the consumer.
Use of The Company's service constitutes acceptance and agreement
to The Company's AUP (Acceptable Use Policy) as well as The Company's
TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of The Company and AUP (Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company.
User understands that change to the AUP by the Company shall not
be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the state of Minnesota, applicable to contracts
enforceable in that state.
1. Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal
activities. Therefore, User agrees that The Company may disclose
any and all User information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent who makes
a written request without further consent or notification to The
User. In addition The Company shall have the right to terminate
all service set forth in this Agreement.
2. Service Rates:
User acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to User. User is
aware that the Company may prospectively change the specified rates
and charges from time to time. The promotional offer is contingent
upon Company achieving and maintaining its cost of service goals
including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company
of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service, or paid
in full if the package is paid quaterly. Then paid will be requested
after the 3 months paid quaterly.
4. Payments and Fees:
Credit cards that are declined when processing with paypal.com for
any reason are subject to a $1.00 declination fee. Service will
be interrupted on accounts that reach 5 days past due. Service interrupted
for nonpayment is subject to a $10 reconnect charge. Accounts not
paid by due date are subject to a minimal late fee. Accounts that
are not collectable by The Company may be turned over to an outside
collection agency for collection. If your account is turned over
for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $50 nor more than $150.
If you desire to cancel your account, please email us at email@example.com
5. Refund and Disputes:
All payments to The Company, are nonrefundable with just cause.
Which is determined by The Company. This includes the one time setup
fee and subsequent charges regardless of usage. All overcharges
or billing disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a charge to your credit card
issuer that, in The Company's sole discretion is a valid charge
under the provisions of the TOS and /or AUP, you agree to pay The
Company an "Administrative Fee" of not less than $50 and
not more than $150.
6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement
upon the failure of User to pay charges when due. Such termination
or denial will not relieve User of responsibility for the payment
of all accrued charges, plus reasonable interest and any collection
7. Account Cancellation:
All requests for canceling accounts must be made in writing with
at least 5 days notice but not more than 30 days prior Email notice
and sent to The Company at firstname.lastname@example.org.
User acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the
negligence of the company and that damages resulting from any interruption
of service are difficult to ascertain. Therefore, User agrees that
the company shall not be liable for any damages arising from such
causes beyond the direct and exclusive control of the company. User
further acknowledges that the company's liability for its own negligence
may not in any event exceed an amount equivalent to charges payable
by User for services during the period damages occurred. In no event
shall the company be liable for any special or consequential damages,
loss or injury.
9. New Domain Accounts:
All new Domain Web Hosting accounts involving new domains will be
set up and entered into our DNS servers within 3 to 5 business days.
Due to unforeseen complications, however, this process may sometimes
require up to 7 business days. If the new domain is registered by
the account holder, there will be no handling fee. If the domain
is registered by The Company, Inc. on behalf of the account holder
a handling fee will be incurred.
10. Transfer of Domains:
New Domain Web Hosting accounts which involve the transfer of a
domain from another provider to The Company will require a minimum
of seven (7) days to be set up and entered into our DNS servers.
In some cases, such transfers may take up to sixty (60) days. Due
to the unpredictable nature of the transfer process, no guarantees
are made regarding the amount of time a specific transfer may take.
If the transfer of the domain is done by The Company, Inc. on behalf
of the account holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason, all charges
are considered earned.
11. Support Boundaries:
The Company, provides 24 x 7 technical support to our Users (except
for few holidays and short company meetings when we close our Support
Section.) We limit our technical support to our area of expertise.
The following is our guidelines when providing support: The Company
provides support related to your Website Hosting Account or Domain
Web Hosting Account only. The Company does not provide technical
support for YOUR customers. If you can email, we encourage you to
email email@example.com for assistance.
12. SPAM and Unsolicited Commercial Email (UCE):
The Company takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this
means that customers of The Company may not use or permit others
to use our network to transact in UCE. Customers of The Company
may not host, or permit hosting of, sites or information that is
advertised by UCE from other networks. Violations of this policy
carry severe penalties, including termination of service.
I. Violation of The Company's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our SPAM
policy, The Company will initiate an immediate investigation (within
48 hours of notification). During the investigation, The Company
may restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, The
Company may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, The Company reserves the right to pursue
civil remedies for any costs associated with the investigation of
a substantiated policy violation. The Company will notify law enforcement
officials if the violation is believed to be a criminal offense.
II. First violations of this policy will result in an "Administrative
Fee" of $20 and your account will be reviewed for possible
immediate termination. A second violation will result in an "Administrative
Fee" of $100 and immediate termination of your account. Users
who violate this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed
$175 per hour that The Company personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
III. As our Customers are ultimately responsible for the actions
of their clients over the The Company network, it is advisable that
Customers develop a similar, or stricter, policy for their clients.
I. IP Address Ownership:
If The Company assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address
shall belong only to The Company, and Customer shall have no right
to use that Internet Protocol address except as permitted by The
Company in its sole discretion in connection with the Services,
during the term of this Agreement. The Company shall maintain and
control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by The Company, and The Company
reserves the right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by our new policies. These
new policies state that use of IP addresses for IP based Website
Hosting Accounts will not be accepted as justification for new IP
addresses. What this means to you is that you MUST use name-based
hosting where possible . We will periodically review IP address
usage, and if we find that clients are using IP addresses where
name-based hosting could be used, we will revoke authorization to
use those IP addresses that could be used with name-based hosting.
II. Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services ordered by Customer
on the Order Form (the "Agreed Usage"). The Company will
monitor Customer's bandwidth and disk usage. The Company shall have
the right to take corrective action if Customer's bandwidth or disk
usage exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which
actions may be taken is in The Company's sole and absolute discretion.
If The Company takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance prior
to such action. In the event that a customer exceeds the included
allocation, The Company may, at its sole discretion, collect a deposit,
in an amount determined by The Company, against customer's credit
card on file with The Company.
III. System and Network Security:
Users are prohibited from violating or attempting to violate the
security of the The Company Network. Violations of system or network
security may result in civil or criminal liability. The Company
will investigate occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations. These
violations include, without limitation:
i. Accessing data not intended for such User or logging into a
server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
iii. Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such
User is not entitled.
14. Notification of Violation:
The Company is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor or
police Internet-related activities.
First violation: Any User, which The Company determines to have
violated any element of this Acceptable Use Policy, shall receive
an email, warning them of the violation. The service may be subject
at The Company's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further violations.
III. Second Violation:
Users that The Company determines to have committed a second violation
of any element of this Acceptable Use Policy shall be subject to
immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in
Spam or Denial-of-Service complaints if it is clear that the offending
activity is causing great harm to parties on the Internet. In particular,
if open relays are on your network or a customer's network, or if
denial of service attacks are originating from your network. In
certain rare cases, we may have to do this before attempting to
contact you. If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation:
The Company reserves the right to suspend network access to any
customer if in the judgment of the The Company network administrators
the customer's server is the source or target of the violation of
any of the other terms of the AUP or for any other reason which
The Company chooses. If inappropriate activity is detected, all
accounts of the Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer is
not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the
time the customer's machines were suspended.
The Company reserves the right to amend its policies at any time.
All Sub-Networks, resellers and managed servers of The Company must
adhere to the above policies. Failure to follow any term or condition
will be grounds for immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described on these
Terms and conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or otherwise
17. Indemnification: The Company wishes to emphasize that in agreeing
to the The Company Acceptable Use Policy (AUP) and Terms of Service
(TOS), customer indemnifies The Company for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (TOS) that results
in loss to The Company or the bringing of any claim against The
Company by any third-party. This means that if The Company is sued
because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against The Company, plus
all costs and attorney's fees.
18. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information
for you. E-mail, fax, and telephone contacts are used, in that order
I. A waiver by the Company of any breach of any provision of this
Agreement by User shall not operate as or be construed as a continuing
or subsequent waiver thereof or as a waiver of any breach of any
other provision thereof.
II. User shall not transfer or assign this Agreement without the
prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to User. Company reserves
right to cancel customers rights under this contract at anytime
without further obligation.
III. The Company takes no responsibility for any material input
by others and not posted to the The Company Network by The Company.
The Company is not responsible for the content of any other websites
linked to the The Company Network; links are provided as Internet
navigation tools only. The Company disclaims any responsibility
for any such inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
IV. The Company is not responsible for any damages your business
may suffer. The Company does not make implied or written warranties
for any of our services. The Company denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by The Company.
V. It is absolutely forbidden to host pornographic content or IRC
servers on Domain Web Hosting or Website Web Hosting Accounts. Domain
Web Hosting Accounts or Website Hosting Accounts found hosting this
material will be subject to immediate cancellation without refund.
19. Responsability for Content:
The Company does not monitor the content of its servers, however
we do not allow transfer of illegal material on our servers.