Terms and Conditions

​PAD Technologies, Inc ("PADTech"), is the operator of the PBXPAD.net (the "Service"), which includes but is not limited to Internet Access, Voice over IP related products and services, consultancy, designing and implementation of networks, dedicated and virtual web site and application hosting services, and email services. PADTech has adopted this Acceptable Use Policy to enhance the use its services for all Users of the Service. This Acceptable Use Policy ("AUP") applies to Users of all or any part of the Service and whether you receive the Service as a subscriber to this service, as part of another provider's service (e.g. a reseller of services for PADTech), or a visitor that accesses the Service without an account. By using the Service, you agree to abide by this Acceptable Use Policy as well as any guidelines, alerts, or rules that may be posted on the Service from time to time. PADTech reserves the right to refuse service to anyone at any time without limitation.

PADTech reserves the right to modify this policy at any time without prior notification.

The Service may only be used for lawful purposes. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited. This includes without limitation materials protected by copyright, trademark, trade secret, or other intellectual property rights. PADTech reserves the right to remove any material that, in PADTech's sole discretion, may be illegal, may subject PADTech or it affiliates to liability, or may violate this Acceptable Use Policy. If you violate this AUP, PADTech may suspend or terminate your right of access to the Service. Violations of this AUP may result in criminal and civil liability. PADTech may investigate incidents involving violations and may involve and cooperate with law enforcement agencies in the investigation of any crime or civil wrong.

This Acceptable Use Policy applies to all our services and certain provisions may or may not be limited to a specific type of account. PADTech may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PADTech shall not be liable to you or to any third party for any such modification or suspension of the Service.

The search engine technology automatically produces search results that reference sites and information located worldwide throughout the Internet. Because neither PADTech nor the third party service provider has control over such sites and information, there are no guarantees as to such sites and information, including as to:
  1. the accuracy, currency, content, or quality of any such sites and information, or
  2. whether a search may locate unintended and objectionable content.
Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search may automatically and unintentionally generate links or references to objectionable material. The Service has no control over, and can make no claim that such surprises will not occur. Computerized search technology does not give you search results limited to only the hits that you were seeking. There may be extraneous hits as well.

In using the Service, you agree not to use the Service to send, store or submit for public posting, any obscene, sexually explicit, or illegal material (including material the transmission of which violates any applicable law), or material which violates Internet standards or customs, or any material that is protected by copyright without the authority of the copyright owner. You are further not permitted to use, participate in, or engage in any of the following while participating in any Interactive Feature through the Service:
  • Inappropriate Language or Images - profane, vulgar, obscene, or sexually explicit language or images (including explicit descriptions of sexual acts), even if masked by other characters
  • Grossly Repugnant Material - material that is grossly repugnant to community standards, including blatant expressions of bigotry, racism or hate
  • Illegal Activity - use of any of the Interactive Features for illegal or fraudulent purposes in violation of applicable local, state, national, international or foreign law, or to threaten personal harm or property damage, including, for example:
    • submitting, copying, uploading, posting, transmitting, reproducing, or distributing information, software or other material which is protected by copyright without the express permission of the copyright owner
  • e-mailing or posting on newsgroups of scams, such as "make-money-fast" pyramid schemes or chain letters
  • forging any messages or message headers, in whole or in part, of any electronic transmission, originating or passing through The Service, for an unlawful purpose
  • Impersonation of PADTech Personnel - any attempt to impersonate a Moderator, a PADTech employee, or a non-employee working in an authorized capacity
  • Attempts to solicit another User's password - this will be treated as an impersonation of PADTech staff regardless of the name or account used, as will comments containing information apparently intended to interfere with the Service functions
  • Disruptive Activity - any activity that is apparently intended to disrupt Members' enjoyment of the Interactive Feature, including:
    • scrolling - repeatedly entering either meaningless characters, three or more repeated blank lines, the same text three or more times, or consistently repeating text in a Chat room
  • spamming - sending of large numbers of e-mail, and e-mail ads in particular, to numerous e-mail users; or blanket postings to the same newsgroups
  • Off-topic activities - posting notes or articles to any Chat room, Newsgroup, Mailing List or similar forum which are off-topic
  • Harassment - targeting others, with the apparent intention of causing distress, embarrassment, or other discomfort. Examples of this include expressing personal attacks on members and non-members; sending more than ten similar messages to the same e-mail address or sending more than 1M bytes of data to a newsgroup
  • Alert - Abusing any "Alert" function available in connection with any of the specific Interactive Features.
  • Distributing computer viruses;
  • Including any material in Personal Web Pages that is prohibited by the special Personal Web Page Guidelines
  • Using any software or device that allows your dial account to stay logged on while you are not actively using the Service or using your account for the purpose of operating a server of any type
  • Engaging in any of the above activities or any activities which violate the Interactive Feature Guidelines or the Member Agreement through the service of another Internet access provider but channeling such activities through an account with the Service or a re-mailer, or using an PADTech account as a mail drop for responses
Network and System Security

Violations of system or network security are prohibited and may result in criminal and civil liability.
PADTech will investigate incidents involving violations and may involve and cooperate with law enforcement agencies. Examples of system or network security violations include without limitation the following:
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system, network or to breach security or authentication measures
  • Unauthorized monitoring of data or traffic on any network or system
  • Interference with service to any user, host or network including without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting
  • Knowingly engaging in any activities that may cause a denial of service (e.g. synchronized number sequence, SYN attacks) to any destination or end-user
  • Users shall not use another site's mail server to relay mail without the expressed authorization of the site owner
  • Spamming - sending large numbers of e-mail, and e-mail ads in particular, to numerous e-mail users; or blanket postings to the same newsgroups
  • Making unauthorized attempts to gain access to any account or computer resource not belonging to that user (e.g. spoofing)
  • Deliberate distribution of computer viruses or malicious code to any User or end-user.
PADTech forwards complaints about use of the Service to the Information Security Department for investigation. If irresponsible or illegal activity is confirmed, Users products and services may be subject to termination or other action, including but not limited to, the involvement and cooperation of law enforcement agencies. Complaints regarding Illegal Use, System or Network Security issues should be sent to support@padtechnologies.com. Complaints regarding email abuse should be sent to abuse@padtechnologies.com.

Liability Limitations / Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS MADE AVAILABLE ON AN "AS IS," "AS AVAILABLE" BASIS. PADTECH RESERVES THE RIGHT TO MODIFY OR TERMINATE THE SERVICE FOR ANY REASON, WITHOUT NOTICE AT ANY TIME, OTHERWISE A 30 DAYS NOTICE MAY BE GIVEN UNDER CERTAIN CONDITIONS WHERE REQUIRED. PADTECH RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME. NEITHER PADTECH NOR ANY SUPPLIER, LICENSOR, EMPLOYEE, AGENT, OR CONTRACTOR MAKES ANY WARRANTY WHATSOEVER REGARDING THE SERVICE OR THE INTERNET, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE OR THE INTERNET (INCLUDING WITHOUT LIMITATION THE COMPANY SOFTWARE LICENSED HEREUNDER), OR ANY RESULTS TO BE OBTAINED THROUGH THE USE THEREOF, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ALL SUPPLIERS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, SECURITY, NON-INFRINGEMENT, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

ANY LIABILITY OF THE COMPANY, ITS SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO PADTech BY OR ON BEHALF OF THE MEMBER FOR MEMBERSHIP FEES (EXCLUDING FEES FOR SEPARATELY CHARGED EXTRA FEE FEATURES OR OPTIONS) IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF PADTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, THE INTERNET, OR ANY BREACH OF ANY WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Opinions, advice and all other information expressed by anyone, including information providers under contract to PADTech and non-PADTech employee Moderators, represent their own views and not those of the Service. You should not rely on such opinions, advice or other information for important personal decisions, but seek professional advice. We especially caution users of the Service who intend to use the Service to receive or request any news, messages, alerts or other information regarding companies, stock quotes, investments or securities. The Service is provided for informational purposes only, and no content included in the Service should be used as a basis for trading or investing in securities. PADTech shall not be responsible or liable for any trading or investment decisions made based on such information.
Finally, PADTech does not assume liability to users for any failure to enforce the terms of the Acceptable Use Policy.

Indemnification

Each User agrees to indemnify and hold harmless PAD Technologies, Inc., its affiliates, shareholders, officers, directors, employees and agents from any damages, costs, and expenses, including attorneys' fees, arising out of or in connection with his breach of the Service's AUP.

Contract Terms

The term of the service is dictated in the contract signed, unless there is a change and/or addition to the existing contract within the last 12 months of the term in which case additional One (1)year will be added to the existing agreement at the end of the original term after the date of execution of any added new TNs (Telephone Numbers) or cancellations or any modifications to the existing TNs and or related services such as any IVRs and extensions, and shall renew automatically after the end of the additional term for successive terms equal to the original term or successive one-year periods. It may be terminated sooner after the first term expires, by any party by giving sixty (60)days' written notice to the other party, or immediately upon occurrence of a material breach of the terms set in the contract after written notice is provided to the breaching party.

Payment Terms

The payment terms for the service are dictated in the contract signed otherwise on the Invoice.

Invoice Disputes

If the Client objects to any portion of an invoice, the Client shall so notify PADTECH in writing within fifteen (15) days of receipt of the invoice. The Client shall identify in writing the specific cause of the disagreement and the amount in dispute and shall pay that portion of the invoice not in dispute in accordance with the other payment terms. If the Client does not notify PADTECH within the first fifteen (15) days of receipt of the invoice, it will be presumed that the Client agrees to pay the invoice in full. Upon receipt of the notice of a disputed invoice, PADTech shall investigate the disputed amount and report the results of the investigation within fifteen (15) days to the Client.
Upon resolution of a dispute, any needed adjustments will be reflected on the first subsequent invoice after resolution. If the Client has remitted amounts found to be improperly invoiced, PADTech shall credit Client the amounts paid on the first subsequent invoice after resolution, or remit the amounts to Client, at the election of Client. In any event the Client must pay the bill in full or the balance on time.

Late Penalties

The following penalties will be imposed on the Client for failing to pay PADTECH in a timely fashion. Unless otherwise stated in a signed contract a 15% late penalty will be assessed for over 30 days late after which for each additional 5 days a 15% penalty will be assessed additionally the account remains unpaid past the due date unless the invoice is in dispute. An extra late penalty may also be imposed by PADTECH if the Client pays late for two consecutive months.

A Special Warning to Parents and Members

The Service is directed to a general audience Internet service and does not target content to children age 12 or under.
If you allow your children to access the Service, please remind them of the dangers involved when corresponding or communicating with strangers or new acquaintances on the Internet (especially in Chat and Newsgroup rooms, as well as when using e-mail). It may also be wise to carefully note all Internet pen pals with whom your child frequently corresponds. For more information about children's use of the Internet, see the Privacy Policy.

Certain Web Sites are registered with the Internet Content Rating Association (ICRA). This organization provides Web surfers with information about the suitability of Internet content for themselves and their families. If the site is not registered or does not fit the categories selected by certain visitors who use the ICRA product on their computers, those visitors will not be able to access that site. (Please note that the ICRA software functions only with Microsoft® Internet Explorer™ browser. If you are using another browser, look at your browser's help area to find out more information about content suitability ratings.) ICRA may be used for rating Web sites only and does not rate Newsgroups, Chat, etc.