Terms Of Service:
By using our webhosting services, you agree to comply with our policies. You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a
basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of
uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. Content
1. All services provided by PCNSEO may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Federal, State, Provincial or City law is prohibited. This includes, but is
not limited to: copyrighted material, material we deem threatening or obscene, or material protected by trade secrets
and other statute.
2. The subscriber agrees to indemnify and hold harmless PCNSEO from any claims resulting from the use of the service
which damages the subscriber or any other party.
3. Note: Pornography, nude photos and sex-related merchandising are prohibited. This includes sites that may infer
sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content
that may be damaging to any resource on the Internet; links to such materials are also prohibited. Furthermore, any site selling or promoting bulk email software/services/addresses is forbidden.
4. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3".
5. PCNSEO will be the sole arbiter as to what constitutes a violation of this provision.
CGI - System Resources
You are not allowed to install any cgi applications on our server without expressed permission form PCNSEO. It is a
violation for anyone resell access to the CGI scripts installed on our servers for your use. NOTE: PCNSEO will supply
limited tech support for our pre-installed scripts. Any extensive support required will be charged at a rate of
$45.00/hour, US.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow
it as an account option. There are chat servers such as Parachat which is free, all over the Internet. You are
welcome to use any of these as they may be called or accessed from your site, but housed elsewhere.
Background Running Programs and Daemons
We may or may not allow programs to run continually in the background, determined on a one-to-one basis.
An additional charge will be incurred based on system resources used and operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Commercial Advertising - E-mail
PCNSEO servers may not be the source, intermediary, or destination address involved in the transmission of spam,
flames, or mail bombs. Your site may not be referenced as originator, intermediary, or reply-to-address in any of
the above. The use of spam to advertise sites on other servers which in turn contain links to a site on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are
found to have spammed, we will immediately, without warning, disable your site. We reserve the right to refuse or
cancel service to known spammers. We reserve the right to determine what violates this policy.
Spamming is STRICTLY prohibited. None of the following will be tolerated, and a fine for each instance of spam
reported to us will apply, and your account terminated: Sending unsolicited email mentioning an email address for
any site hosted by PCNSEO. Sending unsolicited email mentioning a site hosted by PCNSEO. Sending an unsolicited
email mentioning an IP address hosted by PCNSEO. Posting a commercial message in a non-commercial newsgroup.
Posting a reference to an adult site to non-adult newsgroups. Posting advertisements on IRC chat that results
in complaints.
Server Abuse
PCNSEO will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords),
password cracking, security hole scanning etc. Any unauthorized use of accounts or computers by a PCNSEO
customer, whether or not the attacked account or computer belongs to PCNSEO, will result in action against the
attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action,
according to the seriousness of the attack. Any attempt(s) to undermine or cause harm to any of PCNSEO servers
or any customer of PCNSEO is strictly prohibited. Any sub-networks of PCNSEO and dedicated servers must adhere
to the above policies.
Term, Termination, and Cancellation
This agreement shall commence when the account is activated. The term anniversary date for each month to
month account, will be the 1st of the month after activation of the account. Upon expiration of such term,
this agreement shall automatically renew for successive terms, whereas a term represents one calendar month,
unless notice is given by either party of its intent to terminate the agreement, at least 15 days prior to the
scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all
original and renewal periods hereunder. Refunds are not issued for partial months. PCNSEO reserves the right to
terminate this agreement, and to delete the Web site from its servers, immediately upon the occurrence of any
of the following events: Non-payment of any charges due from customer. Breach of any term or condition of this
agreement by customer. Commencement of any lawsuit or proceeding against customer arising from or relating to
its use of the Web site, whether or not such lawsuit names PCNSEO as a party or seeks and recovery from PCNSEO.
Pre-paid plans can not be refunded for any reason. If you enter an agreement with us in order to take advantage
of a special discounted or promotional rate, then decide to switch providers or cancel service for any reason, we
can not refund any payments.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold PCNSEO harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees asserted against PCNSEO, its agents, its customers,
officers and employees, that may arise or result from any service provided or 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 PCNSEO against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PCNSEO server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from PCNSEO server.
Disclaimer
PCNSEO will not be responsible for any damages your business may suffer. PCNSEO makes no warranties of any kind, expressed or implied for services you provide. PCNSEO disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service
interruptions caused by PCNSEO and its employees. PCNSEO reserves the right to revise its policies at any time.
Reporting Network Abuse
Any party seeking to report any violations of PCNSEO policy may contact via e-mail: abuse@PCNSEO.com
Privacy Statement
PCNSEO policies and procedures for handling customer information have been created with the understanding that
Internet technologies are still evolving and that Internet business methods are continuing to evolve to meet the
needs and opportunities of the changing technologies. As a result, PCNSEO policies and procedures are subject
to change. In the course of serving its customers, PCNSEO acquires, stores and transmits customer communications
and information that customers may regard as private or sensitive. Some of this information - such as the customer's
name, address, telephone number, and credit card data - is provided to PCNSEO by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created
and maintained by PCNSEO in the normal course of providing service. PCNSEO also uses cookies, which are small
pieces of information that a web site can store in a designated file on a user's computer for various reasons. For
example, PCNSEO uses cookies on the landing pages of products sold online which record the customer information
that is required on the order form. This information is then forwarded to an internal sales tracking database within
PCNSEO. In addition, PCNSEO may store customers' electronic mail and other communications as a necessary incident
to the transmission and delivery of those communications.
Data Security
PCNSEO will protect the confidentiality of its customers' information, account information and personal communications
to the fullest extent possible and consistent with the law and the legitimate interests of PCNSEO, its partners, its
employees and other customers of PCNSEO services. To protect the loss, misuse, and alteration of information that
is collected from customers, PCNSEO has appropriate physical, electronic, and managerial procedures in place. Domain
name customers who have registered a domain name with PCNSEO and wish to change the Technical Contact from
PCNSEO to another company, may send a request to domadmin@PCNSEO.com It is important to note that customer domain name registration information is made publicly available in the registry of domain names.
Disclosure of customer information and communications
PCNSEO will not otherwise disclose its customers' personal and account information unless PCNSEO has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who
may be causing harm or interfering with the rights or property of PCNSEO, PCNSEO customers, or others, or where
PCNSEO has a good faith belief that the law requires such disclosure. PCNSEO also will not, except for reasons stated
below, disclose to third parties the contents of any electronic mail or other electronic communications that PCNSEO
stores or transmits for its customers. The circumstances under which PCNSEO will disclose such electronic customer communications are when: it is necessary in order to provide service to the customer; it is necessary to protect the legitimate interests of PCNSEO and its customers; it is required to cooperate with interception orders, warrants, or
other legal process that PCNSEO determines in its sole discretion to be valid and enforceable; and it is necessary to
provide to a law enforcement agency when the contents are inadvertently obtained by PCNSEO and appear to
pertain to the commission of a crime. PCNSEO disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. PCNSEO will,
however, review, delete or block access to communications that may harm PCNSEO, its customers or third parties.
The grounds on which PCNSEO may take such action include, but are not limited to, actual or potential violations of
PCNSEO Policy.
Acceptable Usage
As a provider of Internet access, web site hosting, and other Internet-related services, PCNSEO offers its customers
(also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. PCNSEO respects that the Internet provides a forum for free and
open discussion and dissemination of information, however, when there are competing interests at issue, PCNSEO
reserves the right to take certain preventative or corrective actions. In order to protect these competing interests,
PCNSEO has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each
customer's respective service agreement and is intended as a guide to the customer's rights and obligations when
utilizing PCNSEO services. This AUP will be revised from time to time. A customer's use of PCNSEO services after
changes to the AUP are posted on PCNSEO web site, www.PCNSEO.com, will constitute the customer's acceptance
of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is
that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also
places a high premium on the judgment and responsibility of those who use the Internet, both in the information
they acquire and in the information they disseminate to others. When subscribers obtain information through the
Internet, they must keep in mind that PCNSEO cannot monitor, verify, warrant, or vouch for the accuracy and quality
of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment
in relying on information obtained from the Internet, and also should be aware that some material posted to the
Internet is sexually explicit or otherwise offensive. Because PCNSEO cannot monitor or censor the Internet, and will not attempt to do so, PCNSEO cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that PCNSEO does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over PCNSEO network and may reach a large number of people, including both subscribers and nonsubscribers of PCNSEO, subscribers' postings to the Internet may affect other subscribers and may harm PCNSEO goodwill, business reputation,
and operations. For these reasons, subscribers violate PCNSEO policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward PCNSEO, but also because it can overload PCNSEOs
network and disrupt service to PCNSEO subscribers. Also, maintaining an open SMTP relay is prohibited. When a
complaint is received, PCNSEO has the discretion to determine from all of the evidence whether the email recipients
were from an "opt-in" email list.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. PCNSEO is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also PCNSEO policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials
Using PCNSEO network to advertise, transmit, store, post, display, or otherwise make available child pornography or
obscene speech or material. PCNSEO is required by law to notify law enforcement agencies when it becomes aware
of the presence of child pornography on or being transmitted through PCNSEO network.
Defamatory or Abusive Language
Using PCNSEO network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting
to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might
be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network
or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed
to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups
PCNSEO reserves the right not to accept postings from newsgroups where we have actual knowledge that the
content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities
Engaging in activities, whether lawful or unlawful, that PCNSEO determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. As we have pointed out, the responsibility for avoiding the harmful activities
just described rests primarily with the subscriber. PCNSEO will not, as an ordinary practice, monitor the communications
of its subscribers to ensure that they comply with PCNSEO policy or applicable law. When PCNSEO becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions,
denying access to the Internet, or take any other action it deems appropriate. PCNSEO also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching PCNSEO facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. PCNSEO does not
require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers
of its subscribers. PCNSEO has the right to directly take action against a customer of a subscriber. Also, PCNSEO may
take action against the PCNSEO subscriber because of activities of a customer of the subscriber, even though the
action may effect other customers of the subscriber. Similarly, PCNSEO anticipates that subscribers who offer Internet services will cooperate with PCNSEO in any corrective or preventive action that PCNSEO deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of PCNSEO policy. PCNSEO also is concerned with
the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, PCNSEO urges its subscribers to assume that all of their
on-line communications are insecure. PCNSEO cannot take any responsibility for the security of information transmitted
over PCNSEO facilities. PCNSEO will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. PCNSEO may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, PCNSEO may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. PCNSEO assumes no obligation to inform the subscriber that subscriber information
has been provided and in some cases may be prohibited by law from giving such notice. Finally, PCNSEO may disclose subscriber information or information transmitted over its network where necessary to protect PCNSEO and others from harm, or where such disclosure is necessary to the proper operation of the system. PCNSEO expects that its subscribers
who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate PCNSEO policy. Finally, PCNSEO wishes to emphasize that in signing the service agreement, subscribers indemnify PCNSEO for any violation of the service
agreement, law, or PCNSEO policy, that results in loss to PCNSEO or the bringing of any claim against PCNSEO by any
third-party. This means that if PCNSEO is sued because of a subscriber's or customer of a subscriber's activity, the
subscriber will pay any damages awarded against PCNSEO, plus costs and reasonable attorneys' fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including PCNSEOand its subscribers,
as responsible members of the Internet.
Any complaints about a subscriber's violation of this AUP should be sent to
abuse@pcnseo.com