514DIDs.com Terms Of Service
IMPORTANT NOTICE: *All Payments To Prodosec (Prodosec Inc) Are Non-Refundable*
Prodosec, Inc. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Prodosec Service constitutes acceptance and agreement to Prodosec's AUP as well as Prodosec's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Prodosec, Inc. And AUP. The AUP may be changed from time to time at the discretion of the Company. Subscriber 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 Quebec.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber 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 Subscriber. In addition Prodosec shall have the right to terminate all service set forth in this Agreement.
1. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber 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.
2. Payment: 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. All accounts and services provided by Prodosec are subject to the current tax rate as imposed by the province of Quebec and Canada.
3. Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to the standard setup fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
4. Refund and Disputes: All payments to Prodosec, Inc. are nonrefundable. 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 Prodosec's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Prodosec an "Administrative Fee" of not less than $50 and not more than $150.
5. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
6. Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Prodosec.
7. Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
8. As our Customers are ultimately responsible for the actions of their clients over the Prodosec network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
9. DIDs are intended for normal business use. Use is not permitted for calling card, call centre, chatlines or conferencing which may use channels for a considerable proportion of the time. Virtual PRIs are offered for this purpose. Customers who are found to be using DIDs fro these prohibited purposes may have service instantly stopped or be charged for the virtual PRI rate.
10. Call Termination does not permit calls to 911 services unless this ahs been explicitly agreed with Prodosec. Such calls will be blocked.
11. Network
a. IP Address Ownership: If Prodosec assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Prodosec, and Customer shall have no right to use that Internet Protocol address except as permitted by Prodosec in its sole discretion in connection with the Services, during the term of this Agreement. Prodosec shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Prodosec, and Prodosec 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 ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts 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.
b. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Prodosec Network. Violations of system or network security may result in civil or criminal liability. Prodosec 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 proper authorization.
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.
12. Suspension of Service or Cancellation: Prodosec reserves the right to suspend network access to any customer if in the judgment of the Prodosec 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 Prodosec 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.
13. Prodosec reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Prodosec 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 called Acceptable Terms of use policy.
14. Indemnification: Prodosec wishes to emphasize that in agreeing to the Prodosec AUP and Terms of Service (ToS), customer indemnifies Prodosec for any violation of the AUP and Terms of Service (ToS) that results in loss to Prodosec or the bringing of any claim against Prodosec by any third-party. This means that if Prodosec is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Prodosec, plus all costs and attorney's fees.
15. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber 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.
b. Subscriber 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 Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. Prodosec takes no responsibility for any material input by others and not posted to the Prodosec Network by Prodosec. Prodosec is not responsible for the content of any other websites linked to the Prodosec Network; links are provided as Internet navigation tools only. Prodosec 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.
d. Prodosec is not responsible for any damages your business may suffer. Prodosec does not make implied or written warranties for any of our services. Prodosec 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 Prodosec.
e. Applicable Law: It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and proceedings under this Agreement, be construed in accordance with and governed by, to the exclusion of the law of any other forum, the laws of the Province of Quebec without regard to the jurisdiction in which any action or proceeding may be instituted.
f. The parties acknowledge that they have required this agreement and all related documents to be prepared in English. Les parties reconnaissent avoir exige que la presente convention et tous les documents connexes soient rediges en anglais.