Terms of Service
Effective Date: This Terms of Service was last updated on July 13, 2009Logic Depths ("The Company") agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").
Logic Depths reserves the right to modify this TOS at any time of which they please. Changes, modifications, additions or deletions are to be effective immediately upon the posting on-line at this location. By accepting these terms you acknowledge and agree that it is your sole responsibility to review this site and these Terms periodically and to be aware of any modifications made. Your continued use of the services after any modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.
Contact Information
You agree to that the information provided to Logic Depths are accurate and complete contact information. Contact information means any data that relates to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to LogicDepths in order to receive or to continue receiving services. You agree to provide Logic Depths with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.
Payments and Fees
Establishment of this service is dependent upon receipt by Logic Depths of payment of stated charges. Subsequent payments are due on a recurring date that coincides with the date of sign up. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal. Paypal payments must be submitted to payments@logicdepths.net Clients are responsible for any additional transaction fees that coincide with any payment methods.
The Company reserves the right to deny Client the use of any payment method(s) for, but not limited to, misuse or abuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client's services or their entire account with The Company. Credit cards that are declined for any reason are subject to a $2.00 declination fee.
Service will be interrupted on accounts that reach 7 days past due. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectible by Logic Depths 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 $75 nor more than $200. If you desire to cancel your account, please follow the proper procedure as outlined in this TOS.
If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid have cleared.
Account Cancellation
Client must submit cancellation requests by opening a ticket through the Client's Account Center at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.
In the event of a cancellation, Client will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle.
Bandwidth
Client agrees that bandwidth usage will not exceed the number of gigabytes alloted per month for the services ordered by Client. Logicdepths will monitor Client's bandwidth usage and will provide graphs via their control panel and account center. Logic Depths reserved the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan. Such corrective action may include the assessment of additional charges,or termination of this agreement, which actions may be taken is in Logic Depths's sole and absolute discretion.
Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic are counted.
In the event that the Client exceeds the alloted amount, Client's service(s) will be suspended until Logic Depths has been notified by Client and a fee of $4.00 is paid to add 10 extra. Logic Depths may, at its sole discretion, collect a deposit in the amount of $0.50 per GB for the projected overage for the month.
Client agrees to pay Logic Depths any additional fees for bandwidth overages within 3 days of the invoicing period at a rate of $0.50 per GB of bandwidth used over the Allocation.
Unused bandwidth cannot be carried over to future months, or applied to other services.
SPAM and Unsolicited Commercial Email (UCE)
Logic Depths has a zero tolerance policy to the sending of Unsolicited Commercial Email ("UCE") or spam over our network. That means you as a client may not use or permit others to use our network to transact in UCE. You may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
a. Violation of this email policy, as outlined in the Acceptable Use Policy ("AUP") will result in severe penalties. Upon notification of an alleged violation of our AUP, Logic Depths will initiate an immediate investigation (within 48 hours of notification). During the investigation, Logic Depths may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our AUP, Logic Depths may, at its discretion may restrict, suspend or terminate customer's account. Further, Logic Depths reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Logic Depths will notify law enforcement officials if the violation is believed to be a criminal offense.
b. 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 $40 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 $2 per hour that Logic Depths personnel must spend to investigate the matter.
c. As our Clients are ultimately responsible for the actions of their clients over the Logic Depths network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
Refunds and Disputes
All payments to Logic Depths are nonrefundable. This includes one time setup fees, prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by The Company according to the terms herein. 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 or payment provider (chargeback) that, in Logic Depths's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Logic Depths an "Administrative Fee" of not less than $50 and not more than $150.
Harassment and Abuse
Logic Depths does not tolerate abuse of any kind towards it's employees. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at Logic Depths or any of it's staff or agents. Client agrees to engage Logic Depths in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
Damages
Client 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, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss or injury.
Logic Depths is not responsible for any damages your business may suffer. Logic Depths does not make implied or written warranties for any of our services. Logic Depths 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 Logic Depths.
Non-Waiver
Client agrees that Logic Depths's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by Logic Depths of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice Logic Depths from exercising thereafter the same or other rights, remedies, or options.
Force Majeure
You agree that Logic Depths is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
Assignment
Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of The Company. The Company may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
Miscellaneous
We reserve the right to refuse service to anyone at any time for any reason.
The Company is not responsible for data integrity on equipment reclaimed for non-payment.
Anything not explicitly stated in this TOS is subject to interpretation at Logic Depths's sole and absolute discretion.
You, as Logic Depths's client, are solely responsible for the content stored on and served by your Logic Depths service.