Palmain Communications Inc. (PCI)
Internet Service Policy and Guidelines
The
Policy and Guidelines (P&G) outlined below are designed to ensure a
responsible use of the net and its resources, and to define the meaning of Unlimited
Service.
General
a. The Customer may use the network
only for lawful purposes. The use of the PCI network or systems in violation of
any United States law or regulation is prohibited. This includes, but is not
limited to, transmission of copyright material without consent of the copyright
owner, material legally judged to be threatening, and material protected by
trade secret, whether or not the Customer was aware of the content of the
material or of the relevant law. In addition the Internet use must be compliant
with the terms and conditions of the PCI service.
b. PCI reserves the right to remove
any material or data and to block the use of the network for one or more users
when their use or purpose does not meet these Policy & Guidelines.
c. The Customer will indemnify and
hold PCI harmless from any claim brought by third parties alleging that use of
the network by the customer has infringed any applicable United States or
international legislation or regulation. The Customer shall defend and pay all
costs, damages, awards, fees (including legal fees) and judgments finally
awarded against PCI arising from such claims. The customer shall give PCI notice
of any claim he is involved with or aware of.
d. PCI will not provide its customers
e-mail addresses or other personal identification to any third party without
prior written approval. Exceptions are made within the scope of judicial
investigations in which PCI will fully co-operate.
e. Internet traffic passes through
multiple networks from source to destination. One can never be guaranteed
privacy between links. For that reason customers seeking total privacy for email
or other communications should use an encryption scheme, such as PGP, to protect
their communications.
Network
a. The Customer acknowledges that PCI is unable to exercise control over
the content of the information passing over the PCI network. Therefore, PCI is
not responsible for the content of any message whether or not the posting was
made by a PCI customer.
b. The PCI network may be
used by the Customer to link to other networks worldwide and the Customer agrees
to conform to the acceptable use policies of these networks.
c. In addition the Customer
undertakes to conform to the Internet protocols and standards as partially
defined under Netiquette.
d. The customer may not circumvent user authentication or security of any
host, network, or account (referred to as "cracking" or
"hacking"), nor interfere with service to any user, host, or network
(referred to as "denial of service attacks").
e. PCI will not tolerate the posting of viruses or other destructive
programs. PCI reserves the right to take legal action against such use.
f. Without prejudice to the foregoing,
PCI considers that any application that overloads the network by whatever means
will be considered as making profligate use of the network and is as such NOT
allowed. Use of IP multicast other than by means provided and coordinated by PCI
is likewise prohibited.
g. Customers who violate systems or
network security may incur criminal or civil liability. PCI will fully
co-operate with investigations of suspected criminal violations, violation of
systems or network security under the leadership of law enforcement authorities.
h. When a user disrupts the
performance of a network or disrupts other users, the user will be considered
abusive and their account may be terminated.
i. Harassment or abusive use of
e-mail, IRC, and other Internet services is cause to terminate the account and
may be illegal. PCI will handle incidents of harassment on a case-by-case basis,
consulting with the parties involved.
j. The Customer acknowledges that PCI
has no control over the privacy of the customer's traffic after it reaches the
Internet. Encryption techniques such as IPSec, PGP, and SSL are recommended for
sensitive data.
Netiquette
Breaches
of network etiquette (netiquette) by our customers reflect on PCI and we are the
ones whom the aggravated parties seek remedy from. To keep these incursions from
occurring the following rules apply.
a. Customers are forbidden to send
e-mail to any person who does not wish to receive it. It is explicitly
prohibited to send unsolicited bulk mail messages ("junk mail" or
"spam") of any kind (commercial advertising, political tracts,
announcements).
b. Posting any commercial or off-topic
article to a Usenet newsgroup is prohibited. In the few cases where on-topic
commercial postings are allowed by a newsgroup charter, postings should be
limited to one group per posting. It is not acceptable to post a single
commercial message to multiple groups.
c. When a Usenet message is
non-commercial and is on-topic to more than one newsgroup, it is acceptable to
cross-post a single message to the newsgroups in question. Cross posting to more
than five groups is considered Usenet abuse.
d. Customers are prohibited from
forging header information.
e. A customer may not solicit mail for
any other address other than that of the customer, except with full consent of
the owner of the referred address.
f. Customers may not forward or
propagate malicious e-mail.
g. Sending unsolicited commercial
e-mail to multiple recipients or a third party mailing list is also prohibited.
h. It is explicitly permitted to send
commercial e-mail to individuals who have an existing customer or supplier
relationship with you or your company. It is also permitted to send e-mail to
individuals who have directly requested information from you, if and only if
that request came directly from the individual to you and not via a third party
or a "targeted list" of addresses.
i. PCI requires that commercial
messages provide a clear, simple, free, and effective procedure to be removed
from all future mailings, including those prepared from a different list.
j. Attempting to circumvent the above
rules by using a non-PCI Internet connection, by relaying messages through a
third-party server, or by allowing a third party to originate the e-mail or news
posting will be considered the same as using PCI services. Customers will be
held responsible for any message advertising their websites and/or services
regardless of where the message originated or from whom it was sent.
k. These rules apply to any Internet
based distribution medium and any application using the Internet as well (e.g.
usenet news, fax-like documents over the Internet, web-based discussion forums).
l. PCI reserves the right to terminate
the account of any customer who clearly violates any of these rules.
True
Unlimited Internet Access:
a.
True Unlimited Internet Access is defined as unlimited "single user,
attended usage". This means that you may maintain a connection while you
are personally in front of your computer actively using the Internet but in no
case to exceed 8 continuous hours.
b. Any account that has been discovered to be using a ping bot,
"keep-alive"
program or automatic dial back system, (such as E-mail, chat and streaming
media programs) to maintain a full time connection will be asked to either
upgrade their account to a dedicated connection, or terminate the account.
Reasonable
Usage Clause:
For the purpose of
establishing the definition of True Unlimited Internet
Access, and in addition to the above requirements, reasonable usage is
defined as a standard account not exceeding the total aggregate time that
would normally be incurred in the course of a month by a small business
owner to run their business. At our sole discretion standard accounts that
regularly exceed what is considered reasonable usage for a single account will
receive a warning and or be asked to upgrade to a dedicated to a dedicated
connection. Repeated monthly overuse will be considered cause for termination of
service.
Warranties
a. PCI makes no warranties of any kind, whether expressed or
implied, for its services. PCI specifically disclaims any implied warranties of
merchantability or fitness for any particular purpose.
b.
PCI will not be held responsible for any losses or damages resulting from
delays, non-deliveries, mis-deliveries, service interruption, or Customer's or
PCI's errors or omissions.
c. PCI will not under any
circumstances be responsible for consequential damages.
d.
PCI reserves the right to suspend or terminate accounts for any reason, if, in
PCI's opinion, the Customer is disrupting or threatening the operation of this
site and/or the Internet or its components.
e.
In the context of the Policy & Guidelines, using other sites or servers to abuse the net
via PCI access is regarded in the same manner as would be abusing PCI's sites or
servers.
Applicability
a. These rules cannot be superseded by any verbal agreements of PCI employees or
customers.
b. Any agreement modification or special changes to the Policy & Guidelines
must be in
writing and signed by a PCI Officer.
Jurisdiction
a. This Policy & Guidelines and Customers agreement to abide by this
Policy & Guidelines shall be
governed by the laws of the State of Oregon.
Severability
a. If any provision of this policy is held by a court to be contrary to law, the
remaining provisions will remain in full force and effect.
Questions
about this policy should be sent via E-mail to pci@palmain.com
Reports of activities considered to be violating this policy by PCI customers
may be sent via
E-mail to pci@palmain.com