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Acceptable Use Policy

1. Application of this AUP

1.1 All Pacnet’s customers (“Customers”) are responsible for reviewing and complying with this Acceptable Use Policy (“AUP” or “Policy”). Customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this AUP to users, and take steps to ensure compliance by their users with this AUP including, without limitation, termination of users who violate this AUP.

1.2 This Policy is subject to change with notice by publication on this Web site. Customers are responsible for monitoring this Web site for changes. For clarity, Customer shall be solely responsible for all the acts or activities of the users, regardless of whether the Customer is aware of or can prevent the act or activities of the users.

1.3 The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer’s responsibility to check with Pacnet whether the use is permitted by contacting Pacnet via electronic mail.

2. System Abuse

Customers or users shall not use Pacnet’s network, machines, or services (collectively, “Service”) in any of the following manner:

(a) Violate any applicable law, regulation, treaty, or tariff.
(b) Violate the acceptable use policies of any networks, machines, or services which are accessed through Pacnet’s network.
(c) Violate this AUP.
(d) Use or attempt to use the Service in any unauthorized manner, or attempt to use any unauthorized machines or networks via the Service.
(e) Attempt to interfere with or deny service to any user or host (e.g. denial of service attacks).
(f) Falsify header information or user identification information.
(g) Introduce malicious programs into the network or Server (e.g. viruses, worms, Trojan horses, etc.) or otherwise in association with any spam activities.
(h) Monitor or scan the networks of others without permission.
(i) Breach or disrupt or attempt to breach or disrupt Internet communication including, but not limited to, accessing data of which Customer is not an intended recipient or logging into a Server or account that Customer is not expressly authorized to access.
(j) Execute any form of network monitoring (e.g. packet sniffer) which will intercept data not intended for the Customer.
(h) Circumvent or attempt to circumvent Customer authentication or security of any host, network, or account (“cracking”).
(l) Use any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet; sending unsolicited email whether in bulk or not.
(m) Collect email addresses from the Internet for the purpose of sending unsolicited bulk email or to provide collected addresses to others for that purpose.
(n) Transmit, receive or store any copyright-infringing, use of intellectual property right without proper authorization or obscene material.

3. Digital Millennium Copyright Act (“DMCA”) Policy

3.1 It is the policy of Pacnet to respond to claims of intellectual property infringement. Pacnet will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. If you are a copyright owner or an agent thereof and believe that any content posted on Pacnet’s network infringes upon your copyright, you may submit a notification pursuant to the DMCA to abuse@pacnet.com with the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and if available, an electronic mail;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is alledgedly infringed.

3.2 Pacnet will remove all content claimed to be infringing or claimed to be the subject of infringing activity upon receipt of notices complying with the DMCA. Pacnet reserves the right to remove content without prior notice. Pacnet will terminate access for and the Service to Customers who are repeat infringers. Pacnet will not be obligated to refund any unused portion of any charges or fees if an account is terminated for repeat copyright infringement. A repeat infringer is a Customer who has been notified of infringing activity more than twice and/or has had content removed more than twice.

4. Dedicated Internet Customers

In addition, Customers of Pacnet’s dedicated Internet and web hosting service, who provide services to their own users must:-

(a) Maintain valid postmaster and abuse addresses for their domains.
(b) Comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through Pacnet’s network for which DNS responsibility has been delegated to the customer.
(c) Maintain accurate contact information with the Internet and any other appropriate domain and IP address registries.
(d) Take reasonable steps to prevent IP spoofing by their users and downstream customers.
(e) Provide a 24/7 contact address to Pacnet for dealing with security and abuse issues.
(f) Act promptly to ensure that users are in compliance with this AUP. Reasonable steps include, but are not limited to, using ip verify unicast reverse path wherever appropriate and using IP address filtering wherever appropriate.

(g) Adopt and implement a DMCA policy that reserves the necessary rights to remove or disable infringing material.

5. Email

5.1 No Customers or users may send any unsolicited (“opt-out”) email, whether in bulk or not. Sending unsolicited bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Pacnet, including without limitation email, web, FTP, and DNS services, is prohibited and is ground for termination of those services to Customers or users who engage in the practice.

5.2 Pacnet Customers or users who send bulk email to “opt-in” lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email.

5.3 The following actions are also prohibited:

(a) Using email to engage in harassment, whether through language, frequency, or size of messages. Continuing to send someone email after being asked to stop is considered harassment.
(b) Using email to disrupt, e.g., mail bombing, “flashing,” etc..
(c) Sending email with falsified header information.
(d) Sending email with falsified or obscured information (e.g., encoded or “obfuscated URLs”) designed to hinder identification of the location of what is advertised.
(e) Creating or forwarding chain letters, pyramid schemes, and hoaxes.
(f) Send unsolicited mail messages (“spam”) of any kind (commercial advertising, political tracts or announcements).
(g) Using the Pacnet or customer account to collect replies to messages sent from another provider, which violate these rules or those of the other providers.

6. Usenet Newsgroups

In addition, the following restrictions apply to Customer or newsgroup postings by its users:-

(a) All illegal content including child pornography or infringing materials are not permitted.
(b) All postings should conform to the various conventions, guidelines and local culture found in each respective newsgroup and Usenet as a whole.
(c) Posting 20 or more copies of the same article in a 45-day period (“spamming”) or continued posting of off-topic articles after being warned is prohibited. Without prejudice to any other remedies that Pacnet may have, users who engage in spamming using Pacnet accounts will be charged the cost of labor to issue cancellations and respond to complaints, with a minimum charge of $200. Users who engage in spamming from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Pacnet, including without limitation email, web, FTP, and DNS services, is prohibited and is ground for termination of those services to those users.
(d) Posting articles with falsified header information is prohibited. “Munging” header information to foil email address harvesting by “spammers” is acceptable provided that a reasonable means of replying to the message originator is given. Use of anonymous remailers is acceptable, so long as the use is not otherwise a violation of this policy.
(e) Users may not issue cancellations for postings except those which they have posted themselves, those which have headers falsified so as to appear to come from them, or in newsgroups where they are the official moderator.

7. The World Wide Web and FTP

7.1 The web space and public FTP space included with a dialup account may not be resold or used for adult-oriented material.

7.2 Pacnet reserves the right to require that sites using web or FTP space which receive high amounts of traffic be moved to other servers.

7.3 Web pages and FTP files may not contain any material, text, or images, whether hosted on Pacnet servers or “transclusioned” (images from another site displayed on the page) which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright infringing or other illegal material.

8. Servers and Proxies

Users may not run on Pacnet servers any program which makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, file servers, and IRC bots. Users may not run such programs on their own machines to make such services or resources available to others through a Pacnet dialup account; a dedicated access account is required for such purposes. Customers are responsible for the security of their own networks and machines. Pacnet will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer’s system or account may result in suspension of services or account access by Pacnet. Any programs, scripts, or processes which generate excessive server load on Pacnet servers are prohibited and Pacnet reserves the right to terminate or suspend any such program, script, or process.

9. Unsolicited Bulk Email Support Services and Email Address Harvesting

Customers and users may not advertise, distribute, or use software intended to facilitate sending unsolicited bulk email or harvest email addresses from the Internet for that purpose. Customers and users may not sell or distribute lists of harvested email addresses for that purpose.

10. 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 are prohibited. This can include failure to update software used on Customer account or web site that is known to be vulnerable to malicious activity or exploitation. Pacnet also expects Customer to use secure passwords to protect Customer account and associated email accounts. Use of passwords deemed by Pacnet to be insecure is a violation of this AUP.

11. Denial of service (DOS) attack from Customers or Users

If a Customer and/or User originates a DOS attack, Pacnet shall have the right to blackhole the relevant IP address originating the attack immediately without any notice and without any liability to Customer and/or User.

12. Distributed denial of service (DDOS) attack toward Customer or User

If a Customer and/or User is victim of DOS or DDOS toward identified IP address, Pacnet shall have the right to filter or blackhole the relevant IP address immediately without any notice and without any liability to Customer and/or User in order to reduce customer impact.

13. Suspension, Termination of Service or Removal of Contents

13.1 Should Pacnet be of the view that Customers or users have breached any one of the above provisions or should Pacnet receive any written complaint(s) from any third party alleging that the Customer or user has or have breached any one of the above provisions, notwithstanding anything to the contrary contained in the General Terms and Conditions for Pacnet Services, Pacnet shall be entitled to suspend or terminate all of the Services offered by Pacnet or just the Service that are the subject of the breach or to take down or remove any contents that is/ are posted in the Internet via Pacnet’s Service immediately without any notice and without any liability for such suspension or termination or any other actions to remove or to take down the contents.

13.2 If Pacnet exercises its right of termination as mentioned above, Customer shall be deemed to be in default of a material or important term of the applicable terms and conditions between Customer and Pacnet; accordingly Customer shall be liable to pay Pacnet any early termination charges arising therefrom and details of such early termination charges are more particularly detailed in the General Terms and Conditions for Pacnet Services.

14. How to Contact Us

To contact us with questions or comments regarding this Acceptable Use Policy or claimed violations of this Policy, please email aup@pacnet.com.

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