Terms of Service

Last Updated : April 23, 2021

PacketStream provides customers with various services such as VPS, Dedicated Server, CDN, Proxy, WAF, DDoS Protection, Colocation, and Fiber etc.. These services are collectively referred to as “Services.”

By using PacketStream’s Services, Customer agrees to these Terms of Service and any other policies or terms referenced or published by PacketStream. If Customer does not accept these Terms, Customer must not register an account or purchase, access, or use PacketStream’s Services in any way.

These Terms form a binding legal agreement between PacketStream and any person or organization who purchases, accesses, or uses PacketStream’s Services (“Customer” or “You”). Customer represents, warrants, and agrees that Customer has the full power and authority to enter into and perform under these Terms, or if Customer is using these Services on behalf of an organization, entity, or group, that Customer is authorized to accept these Terms.

Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, PacketStream does not make and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.

Clients are responsible for frequently backing up their files on our system. PacketStream cannot be held responsible for the deletion of users' files, whether intentional or unintentional.

Financial Arrangements

PacketStream will bill for services rendered which are due within 7 days. Client authorizes PacketStream to charge credit card supplied by Client if stored within our billing system. Stripe or wire-transfer orders are also accepted if Client chooses not to store a credit card.

PacketStream may discontinue service for failure to make payment for initial fees or any re-occurring fees thereafter. PacketStream reserves the right to refuse, suspend, or cancel service pending receipt of a valid payment.

Violations of PacketStream's Terms may, at PacketStream's discretion, result in immediate and permanent disablement without refund.

PacketStream reserves the right to modify current service plans, fees, and applicable charges at any time. Services that involve outdated or unsupported features may incur additional maintenance fees. In such situations, PacketStream will provide notice to Customer, and will allow Customer to cancel the Services without incurring additional change fees, but no refund will be payable for any fees previously assessed.

Content Restrictions

All services provided by PacketStream may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

Actual files, including but not limited to pirated software, hacker programs, cracks, illegal audio files, IRC and camfrog servers are strictly prohibited from being stored or operated on any PacketStream servers.

PacketStream reserves the right to disable any material from Client's web space that is reasonably deemed unacceptable.
PacketStream reserves the right to suspend Client's account our discretion if said material is discovered.
PacketStream is the sole arbiter as to what constitutes a violation of the above provisions.

Shared Hosting Application Restrictions

VPS servers are not permitted to run CPU mining programs, Youtube or Video(*tube) clone sites, adult content, file archives, email archives, mirror sites, image and file upload sites.

PacketStream reserves the right to disable any application that unreasonably effects or interferes with normal server operations.

Spam Policy

PacketStream servers may not be the source or intermediary involved in the transmission of Spam, Spamware and other Spam Software or misuse of SMTP.

PacketStream considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without a refund of any kind.

Server Abuse

Any attempt to undermine any PacketStream website or a website, application, and server of another PacketStream Client is strictly prohibited and may result in immediate termination of services rendered by PacketStream without refund. PacketStream is the sole arbiter as to what constitutes a violation of the above provisions.

Indemnification

The Client agrees that it will defend, indemnify, and hold harmless PacketStream from any demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against PacketStream, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

The Client agrees that it will defend, indemnify, and hold harmless PacketStream against any liabilities, including but not limited to those arising out of any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with PacketStream's servers, any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party, copyright infringement, and any defective products sold to the Client's customer from PacketStream's servers.

PacketStream assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions, or negligence of the Client, sub-contractor or an agent of Client or an employee of anyone to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or violation of copyright, trademark or other intellectual property rights.

Disclaimer

PacketStream will not be held responsible for any damages you or your business may suffer. PacketStream makes no warranties of any kind, expressed or implied, for services rendered. PacketStream disclaims any warranty or merchantability or fitness for a particular purpose. PacketStream assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. PacketStream will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from PacketStream.

Term

The term of this Agreement will continue until a notice of cancellation by PacketStream or Client is given, or until terminated under other provisions of this Agreement. PacketStream reserves the right to terminate this Agreement with cause upon notification to the Client. PacketStream may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by PacketStream to implement this Agreement is disrupted or terminated for any reason.

(Only applicable to Compute(Compact, Standard), CDN, Proxy accounts.)
Client may request PacketStream refunds money within 3 days after sign up has taken place. Client will be refunded the full amount they have paid. If 3 days have passed, Client may cancel the service, however, Client forfeits monies paid to PacketStream. Client may cancel an account with PacketStream and be removed from billing, thereby stopping all future charges.

(Only applicable to Compute(Dedicated), Colocation, IP Transit, Fiber, and other accounts.)
Refunds will be issued to any order before service turn up at Client's request. Refunds are not offered on Dedicated servers, colocation space, Fiber or IP transit after service has started. Termination must be requested in writing or request to customer success manager with a 45-day notice.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without a refund of any kind.

Invalid or Non-enforceable Provisions

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without a refund of any kind.

Choice of Law / Venue

This Agreement will be construed and enforced in accordance with the laws of the State of NJ and the venue for any action, dispute or proceeding with respect to this Agreement will be WY.

Arbitration and Class Action Waiver

All claims or disputes in any way relating to our relationship with you shall be resolved by binding individual arbitration rather than in court, there is no judge or jury in arbitration, and court review of an arbitration award is limited.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Secaucus, New Jersey or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

We each agree that claims or disputes in any way relating to our relationship with you shall be resolved only on an individual basis and not in a class, collective, consolidated, or representative action, arbitration, or other similar process and expressly waive any right to have a claim determined or resolved on a class, collective, consolidated or representative basis. If for any reason the provisions of the preceding sentence are held to be invalid or unenforceable in a case in which class, collective, consolidated or representative claims have been asserted, the provisions of this section requiring binding arbitration shall likewise be unenforceable and null and void. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in a court of competent jurisdiction in Secaucus, new jersey. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens, or any similar grounds for any such claim.

Notwithstanding anything to the contrary, we may each may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute according to the arbitration procedures outlined in this Section.

You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure specified in these Terms by sending a written letter to us at the address PACKETSTREAM LLC; 1309 COFFEEN AVE STE 1200; SHERIDAN; WY 82801 within 30 days of your initial consent to these Terms (including your first purchase of any service or use of our websites) that specifies: your name, your mailing address, and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. If you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the waiver of class action rights.

If we implement any material change to this Section, such change shall not apply to any Claim for which you provided written notice to us before implementing the change.

Abuse Complaints

All abuse complaints must be responded to no later than 48 hours after the complaint is made. Failure to reply may result in account termination. PacketStream reserves the right to remove files that do not adhere to our terms of service, local, state, or federal laws.