Terms of Service

If you do not agree with any of these terms, you are prohibited from using our services.

1. Services Provided

PacketHarbor provides the following network infrastructure services:

• IP Transit: Internet connectivity with BGP routing capabilities
• Layer 2 Transport: EVPN-VXLAN based private connectivity between sites
• DWDM Wavelengths: Dedicated optical wavelength services for point-to-point connectivity

2. Eligibility and Registration

Our services are intended for business and commercial use only. You must be at least 18 years old and have the authority to enter into contracts on behalf of your organization.

• You must provide accurate and complete registration information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access
• You are liable for all activities conducted under your account
• We reserve the right to refuse service or terminate accounts at our discretion

3. Acceptable Use Policy (AUP)

You agree NOT to use our services for:

• Illegal activities or content violating applicable laws
• Distributing malware, viruses, or malicious code
• Launching DDoS attacks or network flooding
• Spam, phishing, or unsolicited bulk messaging
• Port scanning or unauthorized network intrusion attempts
• IP address spoofing or routing manipulation
• Copyright infringement or unauthorized distribution of protected content
• Child exploitation material (zero tolerance policy)
• Reselling services without written authorization

Violation of this policy may result in immediate service suspension and account termination without refund.

4. Billing and Payments

• Services are billed monthly in advance unless otherwise specified
• Usage-based services (95/5th percentile) are billed in arrears
• Cross-connect fees are billed separately as incurred
• Payment is due within 14 days of invoice date
• Late payments may incur a 1.5% monthly finance charge
• Services may be suspended for non-payment after 30 days
• Setup fees are non-refundable

5. Service Level Agreement (SLA)

Our standard SLA guarantees are outlined in our separate Service Level Agreement document. Key commitments include:

• 99.9% network uptime for Core locations
• 99.5% network uptime for Edge locations
• Sub-10ms average latency on backbone connections
• Service credits for downtime exceeding SLA thresholds

6. Maintenance and Modifications

• We reserve the right to modify or discontinue services with 30 days notice
• Scheduled maintenance will be announced at least 72 hours in advance
• Emergency maintenance may be performed with minimal notice
• Maintenance windows are excluded from SLA calculations when properly notified

7. Cancellation and Termination

• You may cancel services with 30 days written notice
• No refunds for partial months or early termination
• We may terminate services immediately for AUP violations
• We may terminate services with 30 days notice for non-payment
• Data will be retained for 30 days after termination, then permanently deleted

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Services are provided "AS IS" without warranties of any kind
• We are not liable for indirect, consequential, or punitive damages
• Our total liability is limited to fees paid in the 12 months preceding the claim
• We are not responsible for third-party network issues beyond our control
• You are responsible for backing up your data and configurations

9. Indemnification

You agree to indemnify and hold PacketHarbor harmless from any claims, damages, or expenses arising from your use of our services, violation of these terms, or infringement of third-party rights.

10. Intellectual Property

All content, trademarks, and intellectual property related to PacketHarbor services remain our exclusive property. You may not use our branding without written permission.

11. Governing Law and Dispute Resolution

• Disputes will be governed by the laws of the Province of Québec
• Parties agree to binding arbitration before litigation
• Arbitration will be conducted under AAA Commercial Rules
• Each party bears their own legal costs unless awarded by arbitrator

12. Changes to Terms

We may modify these Terms of Service at any time. Material changes will be notified via email at least 30 days before taking effect. Continued use of services after changes constitutes acceptance.