TERMS & CONDITIONS

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 [email protected] 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.

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