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

 

 

Last Updated 04/11/2008

 

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