Pacific Internet Ventures Inc., (PIV) Webhosting account Terms Of Service (TOS).
-- Last updated: 01/07/2005

General

The terms and conditions outlined below are designed to protect and benefit all clients. In particular, they attempt to ensure that the servers are used only for legal and appropriate purposes, and that no client uses an 'unfair' proportion of the system's resources.

Acceptable Content

Your site must not contain material, or contain any link to material, which is unlawful, gambling-related, threatening, hateful, or which encourages unlawful behavior. This includes any site with material relating to hacking or pirated software. We have sole discretion to determine whether a site's content is acceptable. Sites with unacceptable content will be removed from our servers.

The following items will be considered a violation of the terms of service:

* IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

* Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

* PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

* Commercial Advertising - Email - In addition to termination of any account found to be in violation of our "Commercial Advertising - Email" rules there will also be a $100 penalty fine applied for every email sent in violation of these rules.

* Spamming, i.e. the sending of unsolicited email, from any PIV server or any server located on the PIV network is STRICTLY prohibited. PIV will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at PIV.

* Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by PIV customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any PIV-hosted domain, or referencing any PIV account, is prohibited.

* Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

* Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

* Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

* Email Removal - Mailing Lists run by customers must provide a valid and simple method for each recipent to unsubscribe from the mailing list in every email. Mailing Lists must remove the recipeint immediatly upon request and send no further emails to that address. Email address that bounce or reject email must immeditaly be removed from the mail list.

* Server Abuse - Any attempts to undermine or cause harm to a PIV server or subscriber of PIV is strictly prohibited including, but not limited to:

* Logging into a server or account that you are not authorized to access

* Accessing data or taking any action to obtain services not intended for you or your use

* Attempting to probe, scan or test the vulnerability of any system, subsystem or network

* Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization

* Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System

* Interfering with, intercepting or expropriating any system, data or information

* Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

Email Forwarding Restrictions

Effective 5/15/2004 - Customers are not allowed to setup email forwards to AOL, YAHOO, HOTMAIL, or MSN email accounts for any reason. Further, customers must ensure that any email forwards setup to other domains, are correctly configured so that the email account you are forwarding to accepts ALL email sent to. Email accounts accepting forwarded mail should not bounce, reject, or otherwise delay messages believed to be SPAM or other unwanted email, as this causes an undue load burden on our mail servers. Recieving mail server should further not penalize our mail server for SPAM that is forwarded by this email setup. Email forwards setups that violate this rule are subject to removal and further account action (suspension/termination) as deemed necessary by PIV, Inc.

You will be held responsible for all actions performed by your account whether it be done by you or by others.

Limitation of Liability

The client agrees to indemnify and hold PIV and its associates harmless from any claims resulting from the use of the service, including claims relating to damage to the subscriber or to any other party.

Scheduled Maintenance and Downtime

PIV makes commercially reasonable efforts to provide web hosting services 24 hours a day seven days a week. From time to time the serice may be inaccessible or inoperable for various resons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond PIV's control or which are not reasonably foreseeable by PIV, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. PIV will provide at least 48 hours advance notice to the hosting subscriber for scheduled downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. PIV has no responsibility for downtime resulting from a user's actions.

Limitations on Resource Use

User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the PIV servers, including without limitation, use of highly active CGI scripts or chat scripts.

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling. Background Processes.

PIV maintains the right to cancel accounts at its discretion.

Backup:

Full backups are made by PIV, no guarantee's are made of any kind as to the integrity of these backups. If loss of data occurs due to an error of PIV Internet Services, we will attempt to restore data at no charge to the customer. If loss of data occurs by an action of the customer, PIV Internet Services will attempt to restore data at a $75.00 fee to the customer.

Billing Cycle, Invoices and Payments

Our billing cycle is annual and as such, our hosting fees reflect a signifigant discount for annual prepayment. All hosting account fees are to be pre-paid in advance for all hosting account types. The full payment for an annual hosting account is due at the time you open your account. Upon the 1 year anniversary of your opening of a hosting account, we will send you an invoice via email and every year thereafter when your hosting fees become due again. All invoices are payable upon receipt. Please be advised that if your hosting account payment is 15 days overdue then your account(s) may be suspended and/or removed from our servers without notice at our discretion. All hosting fees are non-refundable, if you choose to cancel your account or change your domain to another provider before your annual prepaid term has expired, any remaining unused time left on your hosting account will be forefited.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 15 days of the invoice date. If your account has been disabled and you wish to reinstate it for any reason, you will be charged a reconnection/reinstatement fee of $75 in order to reactivate your account(s).

Termination of accounts due to overdue payment: If any account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted. If you have more than one account and one or more accounts must be terminated due to a lack of payment, we may, at our discretion, suspend your other accounts until such time that you have paid any overdue balances.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. You must notify us in writing (email) in advance that you wish to cancel your account. Notification must be submitted at least 30 days prior to account renewal. Your account will then be canceled at the end of that billing period. If you do not inform us at least 30 days prior to the renewal date, your account will be automatically renewed at the current fee, and you will be liable for another year of hosting fees. Cancellation of an account does not release you of any outstanding unpaid fees, any balance due at the time of cancellation must be paid in full. You must ensure you have a full back-up of your data before canceling your account as we do not save your data upon cancellation and will not necessarily be able to restore that data.

Termination of Service

We may terminate Services to the Client at any time, without notice, for violation of this agreement. We will not be liable for any damages or harm to the Client resulting from such termination. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party. We will not be held responsible for any other charges directly, indirectly or otherwise due as a result of suspension of Services. Termination shall be accompanied by email notice to the email address currently on file with the Provider. Under certain circumstances described within this TOS, Provider may terminate Service with or without notice.

Technical Support

We will provide unlimited technical support relating to the operation of your hosting account and the use of the saccount's facilities. Please note though that we do not generally provide support for problems with your custom CGI programs or HTML code, though we will provide such support, within reason, at our discretion.

Dispute Resolution

In the event that any provision of this Agreement is deemed unenforceable or invalid, such un enforceability or invalidity shall not affect the remainder of this Agreement. PIV may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of PIV as reflected in the original provision.

This Agreement and all rights hereunder shall be governed by the laws and jurisdiction of the State of Nevada, USA. Any legal actions relating to this Agreement or to your use of the PIV site shall be brought exclusively via the the state or federal courts located in Carson City County Nevada (USA), and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.