Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and OptiMesh ("Company," "we," "us," or "our") governing your access to and use of our website, services, and infrastructure solutions.

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Services Description

OptiMesh provides infrastructure services including, but not limited to:

• Distributed colocation services in carrier-neutral facilities
• Network fabric and connectivity services
• Interconnection services including cross-connects and peering
• Managed infrastructure services and NOC support
• Remote hands and smart hands services

Specific service details, specifications, and pricing are outlined in individual Service Orders or Master Service Agreements executed between you and OptiMesh.

3. Account Registration

To access certain services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4. Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use services for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Transmit malware, viruses, or other malicious code
• Engage in activities that disrupt or interfere with our services or networks
• Attempt to gain unauthorized access to our systems or other customers' systems
• Use services for spamming, phishing, or other abusive activities
• Host content that is illegal, harmful, or infringes intellectual property rights
• Resell services without prior written authorization

We reserve the right to suspend or terminate services for violations of this Acceptable Use Policy without prior notice.

5. Service Commitments

Service commitments and performance standards for specific services are defined in your Service Order or Master Service Agreement. These commitments are tailored to your specific deployment and requirements.

Any service credits or remedies are provided in accordance with the terms specified in your individual service agreement.

6. Payment Terms

Payment terms are specified in your Service Order or Master Service Agreement. General payment terms include:

• Services are billed monthly in advance unless otherwise specified
• Payment is due within 30 days of invoice date
• Late payments may incur interest at 1.5% per month
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise stated

7. Term and Termination

Service terms are specified in your Service Order. Either party may terminate services:

• At the end of the service term with 30 days written notice
• For material breach that remains uncured for 30 days after written notice
• Immediately for violations of the Acceptable Use Policy
• Immediately for non-payment exceeding 60 days

Upon termination, you must remove all equipment and data within 30 days. Equipment remaining after this period may be disposed of at our discretion.

8. Intellectual Property

All intellectual property rights in our services, website, documentation, and materials remain the exclusive property of OptiMesh. You are granted a limited, non-exclusive, non-transferable license to use our services during the service term.

You retain all rights to your data and content. You grant us a limited license to use your data solely for the purpose of providing the services.

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the business relationship. This includes technical specifications, pricing, business plans, and customer data. Confidentiality obligations survive termination of services for a period of three (3) years.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claims arising from these Terms or services shall not exceed the fees paid by you in the twelve (12) months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
• We are not liable for damages resulting from force majeure events, including natural disasters, acts of war, terrorism, or government actions

11. Indemnification

You agree to indemnify, defend, and hold harmless OptiMesh and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of services, violation of these Terms, or infringement of any third-party rights.

12. Disclaimer of Warranties

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

We do not warrant that services will meet your specific requirements or that any defects will be corrected.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any disputes arising from these Terms or services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, and the decision shall be final and binding.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of services after such modifications constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with any Service Orders and Master Service Agreements, constitute the entire agreement between you and OptiMesh regarding the services and supersede all prior agreements and understandings.

17. Contact Information

For questions about these Terms of Service, please contact us: