Legal Information
All accounts and customers of DataPipe are bound by the following:
Acceptable Use
Copyright Policy
Privacy Statement
Terms of Service
Facility Rules and Regulations - Colocation Customers
First Company Law Amendment Directive
DataPipe is a service mark of DataPipe, Inc.
All other products mentioned are registered trademarks or trademarks of their
respective companies. This site is (C) copyright 1998-2008. DataPipe, Inc. ALL RIGHTS RESERVED.
Acceptable Use Policy
DataPipe has formulated this Acceptable Use Policy in order to
encourage the responsible use of DataPipe's services by our customers and other
users ('Users'), and to enable us to provide our Users with secure, reliable
and productive services.
General Conduct
The DataPipe network, including the websites hosted by DataPipe (collectively,
the 'DataPipe Network'), may be used only for lawful purposes. Users may not
use the DataPipe Network in order to transmit, distribute or store material (a)
in violation of any applicable law, (b) in a manner that will infringe the
copyright, trademark, trade secret or other intellectual property rights of
others or the privacy, publicity or other personal rights of others, or (c)
that is obscene, threatening, abusive or hateful, including the advocating of
terrorism and/or the killing of any individual or group.
Child Pornography
DataPipe will cooperate fully with any criminal investigation into a Customer's
violation of the Child Protection Act of 1984 concerning child pornography.
Customers are ultimately responsible for the actions of their clients over the
DataPipe network, and will be liable for illegal material posted by their
clients. According to the Child Protection Act, child pornography includes
photographs, films, video or any other type of visual presentation that shows a
person who is or is depicted as being under the age of eighteen years and is
engaged in or is depicted as engaged in explicit sexual activity, or the
dominant characteristic of which is the depiction, for a sexual purpose, of a
sexual organ or the anal region of a person under the age of eighteen years any
written material or visual representation that advocates or counsels sexual
activity with a person under the age of eighteen years. No credits will be
issued for any interruption in service resulting from policy violations.
Violations of the Child Protection Act may be reported to the U.S. Customs
Agency at icpicc@customs.treas.gov.
System and Network Security
Users are prohibited from violating or attempting to violate the security of
the DataPipe Network, including, without limitation, (a) accessing data not
intended for such User or logging into a server or account which such User is
not authorized to access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with service
to any user, host or network, including, without limitation, via means of
overloading, 'flooding', 'mailbombing' or 'crashing', (d) forging any TCP/IP
packet header or any part of the header information in any e-mail or newsgroup
posting, or (e) taking any action in order to obtain services to which such
User is not entitled. Violations of system or network security may result in
civil or criminal liability. DataPipe 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.
Operating System End Of Life
Customer agrees that it shall not utilize an operating system platform which has been
declared by its manufacturer or creator, or determined by DataPipe to be End of Life (EOL).
An EOL operating system platform typically means that no further changes to the platform
will be made, no new releases or patches created, support for the platform ends, no
testing is performed after the EOL date, and no technical support provided. Since the
use of an EOL operating system exposes a Customer to unknown and unpreventable
vulnerabilities, to the extent that a Customer elects to utilize an EOL operating system,
such use shall only be permitted provided Customer executes the then-current form of
DataPipe EOL Operating System Waiver.
E-Mail
Users may not send unsolicited e-mail messages, including, without limitation,
bulk commercial advertising or informational announcements ('spam') in a way
that could be reasonably expected to adversely impact the DataPipe Network,
including, without limitation, using an e-mail account on DataPipe's network to
send spam or bulk e-mail, or using the service of another provider to send spam
or to promote a site hosted on or connected to the DataPipe Network. In
addition, Users may not use the DataPipe Network in order to (a) send e-mail
messages which are excessive and/ or intended to harass or annoy others, (b)
continue to send e-mail messages to a recipient that has indicated that he/she
does not wish to receive them, (c) send e-mail with forged TCP/IP packet header
information, (d) send malicious e-mail, including, without limitation,
'mailbombing', (e) send or receive e-mail messages in a manner that violates
the use policies of any other internet service provider, or (f) use an e-mail
box exclusively as a storage space for data (g) Offering for sale or soliciting
e-mail lists for the purposes of bulk e-mail.
Usenet
Users who post messages to Usenet newsgroups are responsible for becoming
familiar with any written charter or FAQ governing use of such newsgroups and
complying therewith. Regardless of such policies, Users may not (a) post the
same message, or a series of similar messages, to one or more newsgroups
(excessive cross-posting or multiple-posting, also known as 'Usenet spam'), (b)
cancel or supersede posts not originally posted by such User, unless such User
does so in the course of his/her duties as an official newsgroup moderator, (c)
post any message with forged packet header information, or (d) post messages
that are excessive and/or intended to annoy or harass others, including,
without limitation, chain letters.
Suspension; Termination
Any User which DataPipe determines to have violated any element of this
Acceptable Use Policy shall receive a written warning, and may be subject at
DataPipe's discretion to a temporary suspension of service pending such User's
agreement in writing to refrain from any further violations; provided, however,
that if DataPipe deems it necessary, it may immediately suspend or terminate
such User's service without issuing such a warning. Users which DataPipe
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.
Responsibility
DataPipe takes no responsibility for any material input by others and not
posted to the DataPipe Network by DataPipe. DataPipe is not responsible for the
content of any other websites linked to the DataPipe Network; links are
provided as Internet navigation tools only.
Privacy
Any User interacting with our site and providing DataPipe with name, address,
telephone number, e-mail address, domain name or URL or any other personally
identifiable information permits DataPipe to use such information for
commercial purposes of its own, including contacting Users about products and
services which may be of interest. For each visitor to our Web Site, our Web
server recognizes only the visitor's domain name, not the e-mail address. We
collect information volunteered by the visitor, such as form submittals and/or
site registrations. This information is used to improve the content of our Web
site, it is not shared with other organizations for commercial purposes. Any
User who does not wish to receive further contacts from DataPipe should send
DataPipe a specific request (i.e., stating do not use or do not share or both)
by certified mail or by regular mail clearly marked 'Privacy-Urgent' addressed
as follows: DataPipe, 10 Exchange Place, 12th Floor, Jersey City, New Jersey 07302.
DataPipe does not sell, rent or otherwise disclose its mailing lists to third
parties.
DataPipe reserves the right to modify this Acceptable Use Policy at any time in
its sole and absolute discretion.
(Rev. 10/1/01)
Copyright ©1996-2008 DataPipe.
All rights reserved. Do not copy or redistribute in any form.
Copyright Policy
DataPipe does not, and cannot, control what content is available to you
using the DataPipe Network. DataPipe users decide what content to make
available to others using the DataPipe network and what content to download.
Users are responsible for complying with all applicable federal and state laws
applicable to such content, including copyright laws.
DataPipe respects copyright law and expects our users to do the same.
Unauthorized copying, distribution, modification, public display, or public
performance of copyrighted works is an infringement of the copyright holders'
rights. As a condition to your account with DataPipe, you agree that you will
not use the DataPipe service to infringe the intellectual property rights of
others in any way. DataPipe will terminate the accounts of users who are repeat
infringers of the copyrights, or other intellectual property rights, of others.
In addition, DataPipe reserves the right to terminate the account of a user
upon any single infringement of the rights of others in conjunction with use of
the DataPipe service, or if DataPipe believes that user conduct is harmful to
the interests of DataPipe, its affiliates, or other users, or for any other
reason in DataPipe's sole discretion, with or without cause.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of
which may be found on the U.S. Copyright Office web site at
http://lcweb.loc.gov/copyright/, DataPipe will respond expeditiously to
claims of copyright infringement committed using the DataPipe service that are
reported to DataPipe's 'Designated Copyright Agent' identified below. If you
are a copyright owner, or authorized to act on behalf of an owner of the
copyright or of any exclusive right under the copyright, please report your
notice of infringement by completing the following notice form and delivering
it to the Designated Copyright Agent:
NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
1. Identity of the copyrighted work that you claim has been infringed, or, if
multiple copyrighted works are covered by this Notice, a representative list of
the copyrighted works that you claim have been infringed using the DataPipe
service:
2. Identification of the material that you claim is infringing:
3. Your street or mailing address, telephone number, and, if available, email
address:
4. I hereby state that I have a good faith belief that the disputed use of the
copyrighted material is not authorized by the copyright owner, its agent, or
the law (e.g. fair use).
5. I hereby state that the above information in this Notice is accurate and,
under penalty of perjury, that I am the copyright owner, or authorized to act
on behalf of the owner of the copyright or of any exclusive right under the
copyright.
6. Electronic or physical signature of the copyright owner or of a person
authorized to act on behalf of the owner of the copyright or of any exclusive
right under the copyright:
Full legal name:__________________________________
All claims of copyright infringement should be delivered to the following
'Designated Copyright Agent' of DataPipe:
DataPipe
Michael Bross
General Counsel
10 Exhange Place
12th Floor
Jersey City, NJ 07302
Voice: 201-792-1918
Fax: 201-792-3090
legal@datapipe.com
Copyright ©1996-2008 DataPipe. All rights reserved. Do not
copy or redistribute in any form.
Privacy Policy
Any User interacting with our site and providing DataPipe with name, address,
telephone number, e-mail address, domain name or URL or any other personally
identifiable information permits DataPipe to use such information for commercial
purposes of its own, including contacting Users about products and services which
may be of interest. For each visitor to our Web Site, our Web server recognizes
only the visitor's domain name, not the e-mail address. We collect information
volunteered by the visitor, such as form submittals and/or site registrations.
This information is used to improve the content of our Web site, it is not
shared with other organizations for commercial purposes. Any User who does
not wish to receive further contacts from DataPipe should send DataPipe a
specific request (i.e., stating do not use or do not share or both) by
certified mail or by regular mail clearly marked 'Privacy-Urgent' addressed
as follows: DataPipe, 10 Exchange Place, 12th Floor, Jersey City, New Jersey 07302.
DataPipe does not sell, rent or otherwise disclose its mailing lists to third parties.
Security
DataPipe takes every precaution to protect our users’ information. When users submit
sensitive information via the website, your information is protected both online and
off-line. When our registration/order form asks users to enter sensitive information
(such as credit card number and/or social security number), that information is encrypted
and is protected with the best encryption software in the industry - SSL. While on a
secure page, such as our order form, the lock icon on the bottom of Web browsers such
as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to
un-locked, or open, when you are just ‘surfing’.
While we use SSL encryption to protect sensitive information online, we also do
everything in our power to protect user-information off-line. All of our users’
information, not just the sensitive information mentioned above, is restricted in
our offices. Only employees who need the information to perform a specific job
(for example, our billing clerk or a customer service representative) are granted
access to personally identifiable information. Our employees must use password-protected
screen-savers when they leave their desk. When they return, they must re-enter their
password to re-gain access to your information. Furthermore, ALL employees are kept
up-to-date on our security and privacy practices. Every quarter, as well as any time
new policies are added, our employees are notified and/or reminded about the importance
we place on privacy, and what they can do to ensure our customers’ information is
protected. Finally, the servers that we store personally identifiable information
on are kept in a secure environment.
Copyright ©1998-2008 DataPipe. All rights reserved. Do not copy
or redistribute in any form.
Terms Of Service
All Virtual Hosting Accounts are bound by this Terms of Service. Dedicated Accounts
should refer to their individual hosting agreements, as warranted.
1) Setup Fees including, but not limited to, additional programming are nonrefundable.
2) All fees are due in advance of the services provided. Failure to pay in advance may
result in termination or suspension of services without notice.
3) If you cancel your service in writing you will be refunded the prepaid fees for any unused
month, once those services are no longer being provided, not including setup fees, if you have a contract,
the terms of the contract apply. If you cancel your service, but fail to transfer your site(s) to another
provider and continue to utilize our hosting network you will be billed until such time that you are no
longer utilizing our services. If you wish services to cease immediately, you must request that our services
be discontinued immediately.
4) The use of any data or material, which Customer receives from the service provided by
DataPipe, is at Customer's sole and absolute risk. DataPipe specifically disclaims and denies any
responsibility for the completeness, or accuracy of quality of any and all information obtained
through the services to be provided hereby.
5) DataPipe will utilize its best efforts to maintain acceptable performance of services,
but DataPipe makes absolutely no warranties whatsoever, express or implied, including warranty of
merchantability or fitness for a particular purpose. DataPipe cannot guarantee continuous service,
service at any particular time, or integrity of data stored or transmitted via its system or via
the Internet. DataPipe will not be liable for the inadvertent disclosure of, or corruption or
erasure of, data transmitted or received or stored on its system. DataPipe shall not be liable
to Customer or any of its customers for any claims or damages which may be suffered by Customer
or its customers, including, but not limited to, losses or damages of any and every nature,
resulting from the loss of data, inability to access Internet, or inability to transmit or
receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions
whether or not caused by the fault or negligence of DataPipe.
6) Customer agrees that it shall defend, indemnify, save and hold harmless from any and
all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities')
against DataPipe, its agents, its customers, servants, officers, employees, that may arise or result
from any services provided, performed or agreed to be performed or any product sold by Customer,
its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DataPipe
against Liabilities arising out of any injury to person or property caused by any products sold
or distributed in connection with DataPipe's server; and material supplied by Customer infringing
or allegedly infringing on the proprietary rights of a third party; copyright infringement and any
defective product which Customer sold on DataPipe's Server. As a result of this, Customer agrees
that DataPipe shall not be liable to Customer for any claims of actual, compensatory and/or
consequential damages which may be suffered by Customer, including, but not limited to, losses or
damages due to the loss data resulting from delays, non deliveries, or service interruptions caused
by the fault or negligence of DataPipe. Notwithstanding the above mentioned, Customer's exclusive
remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which
Customer paid during the term of this Agreement.
7) The Customer may only use DataPipe's services for lawful purposes. In the event that at
any given time, DataPipe believes that the service is being used by the Customer in contravention
with any of the terms and provisions contained in this Agreement, DataPipe has the right to immediately
discontinue such service to Customer without liability other than to refund any unearned prepaid
service fees. The following are restrictive uses and shall be cause for the immediate termination
of web services and this Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of US
export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other
illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
b. Unsolicited advertising via email and/or 'Spamming' is a violation of this
agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided
herein and the termination of this agreement without notice. DataPipe reserves the right to report
such illegal activities to any and all regulatory, administrative and/or governmental authorities
for appropriate prosecution.
c. Using a non-existing email return address on a commercial solicitation,
spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating
a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous
messages to generate numerous responses, mailbombing (sending multiple messages without significant
new content to the same user), subscribing someone else to a mailing list without that person's permission,
cross-posting articles to an excessive number of newsgroups, or attempting without authorization to
enter into a secured computer system. DataPipe reserves the right to determine what is net abuse.
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or
private information about a person without their consent, intentionally inflicting emotional distress,
or violating trademarks, copyright, or other intellectual property rights.
e. The Customer expressly understands and agrees that illegal Adult oriented
Websites are expressly prohibited. DataPipe reserves the right to immediately terminate and remove any
such unauthorized Websites without notice and discontinue service to Customer without notice or liability
for actual, compensatory or consequential damages to Customer for the interruption in service.
f. MUDDS, Listservers or any other Internet application that are not Website
specific, are specifically prohibited.
8) Customer agrees that it shall not utilize an operating system platform which has been declared by its manufacturer or creator, or determined by DataPipe to be End of Life (EOL). An EOL operating system platform typically means that no further changes to the platform will be made, no new releases or patches created, support for the platform ends, no testing is performed after the EOL date, and no technical support provided. Since the use of an EOL operating system exposes a Customer to unknown and unpreventable vulnerabilities, to the extent that a Customer elects to utilize an EOL operating system, such use shall only be permitted provided Customer executes the then-current form of DataPipe EOL Operating System Waiver.
Disclaimer
DataPipe will not be responsible for any damages your business may suffer. DataPipe makes no warranties of
any kind, expressed or implied for services we provide. DataPipe disclaims any warranty or merchantability
or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by DataPipe and its employees. The services provided
by DataPipe are provided AS-IS and without any warranty expressed or implied. DataPipe reserves the right to
revise its policies at any time.
Copyright ©1998-2008 DataPipe. All rights reserved. Do not copy
or redistribute in any form.
Facility Rules and Procedures - Colocation Customers
A. Customer, its employees and/or representatives (hereinafter “Customer”) agrees to adhere to and abide by all security and safety measures established from time to time by DataPipe.
B. Customer shall conduct themselves within the Facility in a professional manner at all times.
C. Customer shall not interfere with or use, without authorization, any property or equipment of any other DataPipe customer.
D. Customer shall not misuse or abuse any third party equipment or property in the Facility.
E. Children are not permitted in the Facility.
F. Food or liquids are not permitted in the Facility, other than in specifically-designated areas.
G. Smoking is prohibited in the Facility.
H. Customer shall keep the Customer Area free at all times of debris, paper, cardboard, packaging materials, and other refuse by placing such items in the containers provided or in a designated area for removal. Equipment shall only be stored in the Customer Area. Equipment and supplies are not permitted to sit on any colocation floor area, the Customer Area floor, or on any ventilated tiles. All open floor space shall remain open and not used for storage of any items. Customer shall at no time place any object under the raised floor or hang any object from the ceiling tile.
I. Customer shall only plug Customer Equipment into electrical and bandwidth circuits assigned to Customer and under no circumstances shall Customer access junction boxes or power gutters. Customer shall not make any electrical connection other than to the DataPipe-assigned power strips. All electrical connections shall be run in the ladder rack or power strips provided by DataPipe. Customers shall run all circuitry in accordance with National Electric Code standards (“NEC Standards”).
J. If notified by DataPipe of an overload condition constituting 80% – 90% of NEC Standards, Customer shall promptly correct such overload condition and in no event later than seven (7) days from receipt of such notice. When contacted by DataPipe regarding an overload condition in excess of 90% of NEC Standards, Customer shall promptly correct such overload condition and in no event later than three (3) days from receipt of such notice. DataPipe shall not be liable for any damage to Customer Equipment or outage resulting from an overload condition exceeding 80% of NEC Standards, occurring after notification of such condition is received by Customer.
K. Customer shall store all loose items (e.g., unused wire, cabling, nuts, bolts, etc.) in noncombustible containers. DataPipe reserves the right, at any time, to inspect and reject, in its sole and reasonable discretion, the form and location of any such containers within the Customer Area.
L. To ensure integrity and maintenance of inventory records/control, Customer must log all incoming and outgoing hand-carried equipment at the Facility access point prior to accessing the Customer Area.
M. Customer shall not block access to any exits, fire alarm boxes, and fire-extinguishing equipment.
N. Customer shall not store any paper products or other combustible/flammable materials of any kind in the Facility (other than equipment manuals).
O. Customer shall not bring any of the following prohibited materials into the Facility:
- Photographic or recording equipment of any kind - NO cameras are permitted with the exception of Client-installed and maintained cameras located in and exclusively recording Client's dedicated cage area, which installation shall require the written consent of DataPipe, not to be unreasonably withheld. Notwithstanding the foregoing, devices such as cellular phones containing a camera shall be permitted provided the camera portion of such device is not utilized in the Facility.
- Weapons
- Explosives
- Hazardous or combustible materials
- Alcohol, illegal drugs, and other intoxicants
- Electro-magnetic devices that could interfere with computer and telecommunications equipment
- Radioactive materials
P. Customer shall not utilize its own security equipment, including, but not limited to locks, card readers, and/or cameras with the prior written consent of DataPipe. To the extent DataPipe consents to any such security equipment, Customer shall provide DataPipe a key or card, as the case may, to ensure that DataPipe maintains access at all times to the Customer Area. If requested by Customer, any necessary security equipment may be purchased from DataPipe at the then-current DataPipe rates.
Q. When shipping items to the Facility and provided sufficient space allows, Customer shall have five (5) days following DataPipe’s notification of receipt sent to Customer at Customer’s e-mail contact address of record to claim and relocate said items from the DataPipe-designated Shipping/Receiving area to the Customer Area. In the event sufficient Shipping/Receiving area space is not available or Customer fails to claim and relocate said items within such five (5) day period, DataPipe shall remove any such shipped items to an alternate, secure location within the Facility. Customer shall notify DataPipe of any large shipments in advance to allow DataPipe to prepare pallet jacks, carts, and trash bins as may be necessary.
First Company Law Amendment Directive
Name & Registered Office:
DATAPIPE EUROPE LIMITED
RUSSELL SQUARE HOUSE
10/12 RUSSELL SQUARE
LONDON
WC1B 5LF
Company No. 04836315
VAT No. 820724747
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