PacInfo’s
agrees to furnish services to you, the Subscriber,
subject to the following Terms of Service (TOS).
Use of PacInfo’s service constitutes acceptance
and agreement to PacInfo’s Acceptable Use
Policy (AUP) as well as our Terms of Service (TOS)
adopted by the Company to govern the use of accounts
on PacInfo’s Internet service.
All provisions of this contract are subject to
the TOS and AUP of PacInfo Internet Services.
The spirit of this policy is to ensure our Subscriber
s are using PacInfo's services with due regard
to the rights of other Internet users and in conformity
with the requirements of PacInfo's network environment.
PacInfo reserves the right to make changes to,
update, or otherwise revise any and all provisions
of the TOS and AUP as necessary to keep pace with
the needs of the changing online industry, our
online community or at the discretion of the Company.
Any changes shall be made with or without notice,
but PacInfo will attempt to notify all members
by e-mail or other communications methods of any
changes, which substantially or materially affect
the TOS 30 days prior to any change(s) taking
effect. The Subscriber understands that change
to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
We reserve the right to distribute information
to you that is pertinent to the quality or operation
of our services and those of our service partners.
These announcements will be predominately informative
in nature and may include notices describing changes,
upgrades, new products or other information to
add security or to enhance your identity on the
Internet.
IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT PURCHASE, USE, OR ACCESS THE
SERVICE.
Customer Conduct & Disclosure to Law
Enforcement: The Subscriber is solely
responsible for the contents of their transmissions
through PacInfo. Your use of the PacInfo service(s)
is subject to all applicable local, state, national
and international laws and regulations.
You agree: (1) to comply with
US law regarding the transmission of technical
data exported from the United States through PacInfo;
(2) not to use PacInfo for illegal purposes; (3)
not to interfere or disrupt networks connected
to the PacInfo; and (4) to comply with all regulations,
policies and procedures of networks connected
to PacInfo. You agree not to post, promote, distribute,
or transmit through PacInfo's service(s) any unlawful,
harassing, libelous, abusive, threatening, harmful,
embarrassing, racially or ethnically offensive,
vulgar, sexually explicit, or otherwise legally
objectionable material of any kind or nature.
Adult Content or links to Adult Content are not
permitted on PacInfo's Server. You further agree
not to post, promote, distribute, or transmit
any material that encourages conduct that could
constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable
local, state, national or international law or
regulation. Attempts to gain unauthorized access
to other computer systems are prohibited. You
shall not interfere with another Subscriber’s
use and enjoyment of the PacInfo's service(s)
or another entity's use and enjoyment of similar
services. Therefore, you agree that the Company
may disclose any and all Subscriber information
including assigned IP numbers, account history,
account use, etc. to any law enforcement agent
who makes a written request without further consent
or notification to the Subscriber . PacInfo may,
at its sole discretion, immediately terminate
your service or any agreement with us should your
conduct fail to conform to these terms and conditions.
Service Rates: The Subscriber
acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated
to Subscriber. The Subscriber is aware that the
Company may prospectively change the specified
rates and charges from time to time. The promotional
offer is contingent upon Company achieving and
maintaining its cost of service goals including
but not limited to rates charged to company by
its suppliers.
Billing & Payment: We require
that you pay your account balance in full and
on time. PacInfo bills for hosting services on
the first working day of each month. If you have
purchased a package that is billed quarterly,
semi-annually, or annually, you will be billed
on the first working day of that applicable period.
Since PacInfo bills all accounts in advance, PacInfo
reserves the right to suspend the account for
non-payment. Establishment and maintenance of
this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the
month for that month's service or whichever is
the selected billing cycle. As consideration for
the services you have selected, you agree to pay
us the applicable service(s) fees based on the
current pricing schedule. All service fees are
payable in advance and are non-refundable. This
includes the one time setup fee and subsequent
charges regardless of usage.
As further consideration for the Services,
you agree to: (1) provide certain current,
complete and accurate information about you as
required by the registration process and (2) maintain
and update this information as needed to keep
it current, complete and accurate. All such information
shall be referred to as account information ("Account
Information"). You hereby grant us the right
to disclose to third parties as needed to maintain
your services such Account Information. By submitting
to this Agreement, you represent that the statements
you have made in our application are true and
you will not use our Services for any unlawful
purpose. You agree that we may terminate your
right to use our Services if the information that
you provided to register for our Services, or
subsequently to modify it, contains false or misleading
information, or conceals or omits any information
we would likely consider material. Upon purchasing
PacInfo's services, you agree to comply with PacInfo's
Terms of Service (TOS) and Acceptable Use Policy
(AUP).
Protection of Personal Information:
PacInfo shall never share, sell, or rent individual
personal information with anyone without your
advance permission or unless ordered by a court
of law. Information submitted to PacInfo is only
available to employees managing this information
for purpose of contacting you or sending you email
based on your request for information and to contracted
service providers for purposes of providing services
relating to our communications with you.
Payments and Fees: PacInfo accepts
the following forms of payment: VISA, MasterCard;
cash, check, and check debit.
In the event of a credit card/ debit card denial,
PacInfo will make every effort to automatically
forward an email to your e-mail account to inform
you of the problem. It will be your responsibility
to contact PacInfo’s Billing Department
to arrange for new payment methods. If you do
not notify PacInfo and make new and necessary
arrangements, your account will be suspended for
non-payment. All Bank issued charge-backs will
result in an additional service charge being added
to your account: $25 per returned check and $10
per returned automatic check debit. We reserve
the right to report to the issuer's Credit Agency
all Bank Disputes and Charge Backs.
Accounts not paid within 60 days are subject to
a $5 per month late fee.
Refund and Disputes: All payments
to PacInfo are non refundable. This includes the
one time setup fee and subsequent charges regardless
of usage. All overcharges or billing disputes
must be reported within 90 days of the time the
dispute occurred. If you dispute a charge to your
credit card issuer that, in PacInfo's sole discretion
is a valid charge under the provisions of the
TOS and / or AUP, you agree to pay PacInfo an
"Administrative Fee" of not less than
$25 and not more than $150.
PacInfo does not issue credits for outages incurred
through service disablement resulting from violations
of its TOS.
Failure to Pay: The Company may
temporarily deny service or terminate this Agreement
upon the failure of the Subscriber to pay charges
when due. Such termination or denial will not
relieve you of responsibility for the payment
of all accrued charges, plus reasonable interest
and any collection fees.
Accounts that are not collectable by PacInfo may
be turned over to an outside collection agency
for collection. If your account is turned over
for collection, you agree to pay the company a
"Processing and Collection" Fee of not
less than $25 not more than $150. If you desire
to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
You are responsible and liable for any fees, including
attorney and collection fees, that PacInfo may
incur in its efforts to collect any remaining
outstanding balances by you and your account.
You also agree that you will be billed for, and
will pay, any outstanding balances if you cancel
your services or are terminated for TOS and/or
AUP violations and/or nonpayment. It is your responsibility
to inform us of any billing problems or discrepancies
within 90 days after they first appear on your
account statement. If you do not bring them to
PacInfo’s attention within 90 days, you
agree to waive your right to dispute such problems
or discrepancies.
Account Modification and Cancellation: In order
to change any of your account information with
us, you will be asked to use your Account Number
and Account User Name that you selected when you
opened your account with us. Please safeguard
your Account User Name and Password from any unauthorized
use. Under no circumstance will we be liable for
the unauthorized use or misuse of your Account
User Name or Password.
A 30 day advance notice is required if
you wish to cancel your service agreement and
you will be responsible for any and all accrued
charges associated with your account. Canceling
an account does not equal "refunding"
an account. A cancellation refers to the removal
of user materials from our systems and the deactivation
of services. Cancellations result in the removal
of selected PacInfo services from your account.
Domain Name Registration CANNOT be cancelled.
As the purchaser of the Domain Name you are the
Domain Name's owner until the term of the Domain
Name's registration has expired.
All requests for service cancellation may be sent
to PacInfo, ATTN: "Billing", P.O. Box
5447, Eugene, OR, 97405 or requested via billing@pacinfo.com
or by calling 541-344-5006.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the PacInfo.
PacInfo may assign Agreement at anytime without
consent from or notice to Subscriber. PacInfo
reserves right to cancel a Subscriber’s
rights under this contract at anytime, without
further obligation.
Suspension or Cancellation of Service:
Your failure to meet or follow any of the Terms
and Conditions set forth by PacInfo is grounds
for account deactivation. PacInfo will be the
sole arbiter as to what constitutes a violation
of its Terms and Conditions. PacInfo reserves
the right to remove any account without prior
notice.
PacInfo reserves the right to suspend network
access to any customer if in the judgment of the
PacInfo network administrators the Subscriber's
server is the source or target of the violation
of any of the other terms of the AUP or for any
other reason which PacInfo chooses. If inappropriate
activity is detected, all accounts of the Subscriber
in question will be deactivated until an investigation
is complete. Prior notification to the Subscriber
is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. You
will not be credited for the time the customer's
machines were suspended.
We, in our sole discretion, reserve the right
to refuse to host your website or register you
for other Services, or to terminate the Services
we provide you within thirty (30) calendar days
from receipt of your payment for such services.
In the event we do not host your website or register
you for other Services within such thirty (30
day) calendar period, we agree to refund your
applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may
result from our refusal to host your website or
register you for other Services.
You agree that the terms of this Agreement are
severable. If any term or provision is declared
invalid or unenforceable, that term or provision
will be construed consistent with applicable law
as nearly as possible to reflect the original
intentions of the parties, and the remaining terms
and provisions will remain in full force and effect.
Subscriber Acknowledgement:
You acknowledge that the service provided are
of such a nature that service can be interrupted
for many reasons other than the negligence of
the company and that damages resulting from any
interruption of service are difficult to ascertain.
Therefore, you agree that the company shall not
be liable for any damages arising from such causes
beyond the direct and exclusive control of the
company. You further acknowledge that the company's
liability for its own negligence may not in any
event exceed an amount equivalent to charges payable
by you for services during the period damages
occurred. In no event shall the company be liable
for any special or consequential damages, loss
or injury.
PacInfo is not responsible for any damages your
business may suffer. PacInfo does not make implied
or written warranties for any of our services.
PacInfo denies any warranty or merchantability
for a specific purpose. This includes loss of
data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions
caused by PacInfo.
Change of Name-servers: In cases
of new hosting accounts which involve the change
of name-servers of a domain from other DNS servers
to PacInfo's DNS servers, such changes may in
some cases take several days, weeks or longer
depending on the accessibility of control options
at the respective registrar of the domain registration.
It is possibly that if the registrar (or the entity
having control over the domain registration) is
not cooperative, the domain name-servers can not
be changed at all. Due to the unpredictable nature
of the name-server change process, no guarantees
are made regarding the amount of time a specific
change may take. If the name-server change of
the domain is done by PacInfo on behalf of the
account holder a handling fee will be incurred
(unless the hosting plan includes such a change
for free). If you cancel service during the name-server
change period for any reason, all charges are
considered earned.
SPAM and Unsolicited Commercial Email
(UCE): PacInfo takes a zero tolerance
approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply
this means that customers of PacInfo may not use
or permit others to use our network to transact
in UCE. Subscriber s of PacInfo may not host,
or permit hosting of, sites or information that
is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including
termination of service.
Violation of PacInfo SPAM policy will result in
severe penalties. Upon notification of an alleged
violation of our SPAM policy, PacInfo will initiate
an immediate investigation (within 48 hours of
notification). During the investigation, PacInfo
may restrict your access to the network to prevent
further violations. If a user is found to be in
violation of our SPAM policy, PacInfo may, at
its sole discretion, restrict, suspend or terminate
the user’s account. Further, PacInfo reserves
the right to pursue civil remedies for any costs
associated with the investigation of a substantiated
policy violation. PacInfo will notify law enforcement
officials if the violation is believed to be a
criminal offense.
You agree to give PacInfo Internet Services the
right to charge your account or credit card up
to the maximum legal penalty under Oregon State
law, per occurrence and/or complaint, if in PacInfo’s
sole opinion, the company determines that your
account was used to send UCE / SPAM to non opt-in
recipients. DO NOT SPAM from your account.
Network:
IP Address Ownership: If PacInfo
assigns each Subscriber an Internet Protocol address
for your use, the right to use that Internet Protocol
address shall belong only to PacInfo, and you
shall have no right to use that Internet Protocol
address except as permitted by PacInfo in its
sole discretion in connection with the Services,
during the term of this Agreement. PacInfo shall
maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned
to you by PacInfo, and PacInfo reserves the right
to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and
absolute discretion.
Bandwidth and Disk Usage: You
agree that bandwidth and disk usage shall not
exceed the number of megabytes per month for the
Services ordered by you on the Order Form (the
"Agreed Usage"). PacInfo reserves the
right to monitor Subscriber’s bandwidth
and disk usage. PacInfo shall have the right to
take corrective action if bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action
may include the assessment of additional charges,
disconnection or discontinuance of any and all
Services, or termination of this Agreement, which
actions may be taken is in PacInfo's sole and
absolute discretion. If PacInfo takes any corrective
action under this section, you shall not be entitled
to a refund of any fees paid in advance prior
to such action.
System and Network Security: Users
are prohibited from violating or attempting to
violate the security of the PacInfo Network. Violations
of system or network security may result in civil
or criminal liability. Examples include, but are
not limited to, the following: unauthorized access,
use, probing, or scanning of systems security
or authentication measures, data, or traffic;
interference with service to any user, host, or
network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system,
broadcast attacks; forging of any TCP-IP packet
header or any part of the header information in
an email or a newsgroup posting. PacInfo will
investigate occurrences, which may involve such
violations and may involve, and cooperate with,
law enforcement authorities in prosecuting Users
who are involved in such violations.
Support Boundaries: PacInfo provides technical
support to our Subscriber s. We limit our technical
support to our areas of expertise. The following
is our guidelines when providing support: PacInfo
provides support related to your virtual hosting
account physical functioning. PacInfo does not
provide technical support for YOUR customers.
Technical support can be reached during normal
business hours by phoning our offices at (541)
344-5006 or by emailing support @pacinfo.com.
After hours and weekend technical support is available
on an emergency call basis.
Notification of Violation: PacInfo
is under no duty to look at each Subscriber 's
or user's activities to determine if a violation
of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police
Internet-related activities.
The User agrees not to engage 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, you agree to not engage
in activity that violates privacy, publicity,
or other personal rights of others. PacInfo is
required by law to remove or block access to Subscriber
content upon receipt of a proper notice of copyright
infringement. It is also PacInfo's policy to terminate
the privileges of Subscriber s who commit repeat
violations of copyright laws.
We reserve the right to drop the section of IP
space involved in Spam or Denial-of-Service complaints
if it is clear that the offending activity is
causing great harm to parties on the Internet.
In particular, if open relays are on your network
or a Subscriber's network or if denial of service
attacks are originating from your network. In
certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will
contact you as soon as it is feasible.
When PacInfo becomes aware of an alleged violation
of its Terms and Conditions, PacInfo will initiate
an investigation. During the investigation, PacInfo
may restrict a Subscriber's access in order to
prevent further potentially unauthorized activity.
Depending on the severity of the violation, PacInfo
may, at its sole discretion, restrict, suspend,
or terminate a Subscriber's web hosting account
and/or pursue other civil remedies. If such violation
is a criminal offense, PacInfo will notify the
appropriate law enforcement authorities of such
violation.
Policy Amendments: PacInfo reserves
the right to amend its policies at any time or
change the services provided under this Agreement.
Any such revision or change will be binding and
effective immediately on posting of the revised
Agreement or change to the service(s) on our web
site, or on notification to you by e-mail or regular
mail as per the Notices section of this agreement.
You agree to review our web site, including the
Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision
to the Agreement, you may terminate this Agreement
at any time by providing us with notice by e-mail
or regular mail as per the Cancellation section
of this agreement. Notice of your termination
will be effective on receipt and processing by
us. You agree that, by continuing to use the Services
following notice of any revision to this Agreement
or change in service(s), you abide by any such
revisions or changes.
All Sub-Networks, Subscriber s, resellers and
managed servers of PacInfo must adhere to the
above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation.
You will be held responsible for the actions of
your clients in the matter described on these
Terms and Conditions. Therefore, it is in your
best interest to implement a similar or stricter
Terms and Conditions or otherwise called Acceptable
Terms of Use policy for your clients.
Indemnification: PacInfo wishes
to emphasize that in agreeing to the PacInfo AUP
and TOS, you indemnify PacInfo for any violation
of the Acceptable Use Policy (AUP) and Terms of
Service (TOS) that results in loss to PacInfo
or the bringing of any claim against PacInfo by
any third-party. This means that if PacInfo is
sued because of a Subscriber's or a customer of
a Subscriber's activity, the Subscriber will pay
any damages awarded against PacInfo, plus all
costs and attorney's fees. When we are threatened
with suit by a third party, we may seek written
assurances from you concerning your promise to
indemnify us; your failure to provide those assurances
may be considered by us to be a breach of your
Agreement and may result in termination of our
Services to you. PacInfo reserves the right, at
its own expense, to assume the exclusive use defense
and control any matter otherwise subject to indemnification
of a Subscriber.
Breach: You agree that failure
to abide by any provision of this Agreement, any
operating rule or policy provided by us, may be
considered by us to be a material breach and that
we may provide a written notice, describing the
breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide
evidence, which is reasonably satisfactory to
us, that you have not breached your obligations
under the Agreement, then we may terminate our
Services, including but not limited to our web
hosting services, without further notice. Any
such breach by you shall not be deemed to be excused
simply because we did not act earlier in response
to that, or any other breach by you.
Our failure to require performance by you of any
provision hereof shall not affect the full right
to require such performance at any time thereafter;
Nor shall the waiver by PacInfo of any breach
of any provision of this Agreement by you shall
not operate as or be construed as a continuing
or subsequent waiver thereof or as a waiver of
any breach of any other provision thereof.
Miscellaneous Provisions: PacInfo takes no responsibility
for any material input by others and not posted
to the Hosting Network by PacInfo. PacInfo is
not responsible for the content of any other websites
linked to the Hosting Network; links are provided
as Internet navigation tools only. PacInfo disclaims
any responsibility for any such inappropriate
use and any liability to any person or party for
any other person or party's violation of this
policy.
Domain Name Holders agree that, by registration
or reservation of your chosen domain name, such
registration or reservation does not confer immunity
from objection to the registration, reservation,
or use of the domain name.
Disclaimer of Warranties: You
agree and warrant that the information that you
provide to us to register for our Services is,
to the best of your knowledge and belief, accurate
and complete, and that any future changes to this
information will be provided to us in a timely
manner according to the modification procedures
in place at that time. You agree that your use
of our Services is solely at your own risk. You
agree that such Service(s) is provided on an "as
is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express
or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty
that the Services will meet your requirements,
or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make
any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy
or reliability of any information obtained through
the our e-mail service or that defects in the
Services software will be corrected. You understand
and agree that any material and/or data downloaded
or otherwise obtained through the use of the our
internet service is done at your own discretion
and risk and that you will be solely responsible
for any damage to your computer system or loss
of data that results from the download of such
material and/or data. We do not endorse, warrant,
or guarantee any product, goods, or services purchased
or obtained through the e-mail service or any
transactions entered into through the internet
service. We will not be a party or in any way
be responsible for monitoring any transaction
between you and a third-party provider of products
or services. No advice or information, whether
oral or written, obtained by you from us or through
the internet service shall create any warranty
not expressly made herein. Some jurisdictions
do not allow the exclusion of certain warranties,
so some of the above exclusions may not apply
to you.
Entirety: You agree that this
Agreement and the rules and policies published
by us are the complete and exclusive agreement
between you and us regarding our Services. This
Agreement supersedes all prior agreements and
understandings, whether established by custom,
practice, policy or precedent.
Governing Law: This Agreement
shall be governed by and interpreted and enforced
in accordance with the laws of the State of Oregon
applicable therein without reference to rules
governing choice of laws. Any action relating
to this Agreement must be brought in Eugene, Oregon
and you irrevocably consent to the jurisdiction
of such Courts.
You attest that you are of legal age to enter
into this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS.
Click
here to return to the home page.
|