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ACCEPTABLE USE POLICY

Last updated: November 25, 2014

Overview

Pacific Servers Inc. ("Pacific Servers", "we", "us" or "our") provides certain services, including without limitation dedicated servers, co-location and managed services products offered (the "Services"). This Acceptable Use Policy applies to all customers of the Services. Amendments to this Acceptable Use Policy will be posted to Pacific Servers' website located at http://www.pacificservers.com/ and will be effective when posted. Your continued use of the Services following the posting of any amendment to this Acceptable Use Policy shall constitute your acceptance of such amendment.

General

You agree to use the Services only for lawful purposes, in compliance with all applicable laws, and in compliance with this Acceptable Use Policy. If you use the Services for unlawful purposes or in breach of applicable law or this Acceptable Use Policy, then Pacific Servers may exercise the rights set forth in this Acceptable Use Policy and any other rights available to it pursuant to its Terms of Service or under applicable law.

Restrictions

You shall not:

  1. Do anything illegal or anything that adversely affects Pacific Servers' legal interests, including without limitation anything set forth in the list below. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and Pacific Servers will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities.
    1. Cracking/Hacking - attempts to access accounts or systems other than the user's own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
    2. Child pornography - as defined by applicable laws and regulations. This is strictly prohibited and dealt with quickly and harshly.
    3. Theft of services - attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
    4. Harassment - threatening harm to persons or property or otherwise harassing behavior.
    5. Violating applicable export control laws or regulations, including those affecting software or technical information or violating applicable laws or regulations concerning the doing of business with certain sanctioned countries or with designated persons or entities.
    6. Misrepresenting or fraudulently representing products and/or services.
    7. Transmission, distribution or storage of any material in violation of any applicable law or regulation.
    8. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.
    9. Transmission, distribution or storage of any material that sponsors, assists in, or encourages the unlawful use or threatened use of force or violence against persons or property to intimidate or coerce a government, any civilian population or any segment thereof, in furtherance of political or social objectives.
    10. Being subject to economic sanctions, prohibitions or restrictions imposed by any governmental authority having jurisdiction over customer or in any jurisdiction where Pacific Servers or any of its affiliates are located and whether or not the services provided to customer by Pacific Servers or such affiliate would violate such economic sanctions, prohibitions or restrictions.
    11. Interference with a third party's use of Pacific Servers' network or Services, or ability to connect to the Internet or provide services to Internet users.
    12. Managing a proxy server.
    13. Facilitating, aiding, or encouraging any of the above activities, whether using Pacific Servers' network or Services by itself or via a third party's network or service.
  2. Do anything that threatens the integrity of Pacific Servers' network or the utilization thereof by other persons.
    1. Denial of Service (DOS) attacks - you will not commit a DOS attack against any Pacific Servers customer's host, or any other host on the Internet. Similarly, you will not wilfully or negligently allow incitement of others to attack any host on Pacific Servers' network, or any other host on the Internet.
    2. Blacklists - you shall not do anything that could get any portion of Pacific Servers' IP space (or address space announced by Pacific Servers on behalf of any of its customers) put on blacklists such the SBL (Spamhaus Block List) as maintained by Spamhaus (http://www.spamhaus.org/) or other similar organizations, or perform activities that would cause portions of the Internet to block mail or refuse to route traffic to any portion of Pacific Servers' IP space (or address space announced by Pacific Servers on behalf of its customers).
    3. Perform actions that cause unusual load on Pacific Servers' servers (for example, mail servers, web servers, usenet servers, name servers, etc.), that cause slowness or denial of service to other Pacific Servers customers.
  3. Do anything that threatens the Internet or any other network.
    1. You shall not take actions that cause any portion of the Internet, or the Internet as a whole, to become unusable to any other portion of the Internet, or the Internet as a whole.
    2. You shall not take actions that degrade the usefulness of the Internet, or any portion of the Internet, either through network degradation, flooding of usenet or email or so on.
  4. System and Network Security. You shall not utilize the Services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site. Specific activities that are prohibited include, but are not limited to: (i) threatening harm to persons or property or otherwise harassing behavior; (ii) use or distribution of tools designed for compromising security; (iii) unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (iv) unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; (v) deliberate attempts to overload a system and broadcast attacks; (vi) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and (vii) intentionally or negligently transmitting files containing a computer virus or corrupted data.
  5. Spam - You shall not send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort.
    1. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass cross posting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site in Pacific Servers IP space or sent across the Pacific Servers network, is prohibited.
    2. No spam may originate from Pacific Servers IP space.
    3. No spam may advertise sites or services located on Pacific Servers IP space (even if the spam originates elsewhere).
    4. No Pacific Servers customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
    5. No customer shall participate in pyramid schemes or email chain letters.
    6. Use of Pacific Servers facilities to provide software or lists for mass mailing unsolicited email is prohibited.
  6. Frequent Attack Targets Services (IRC networks, Camfrog, etc.). It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. If we permit the server to be reconnected, the server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. It is also forbidden to host Camfrog servers or other server applications that are frequent targets of DOS attacks or other types of attacks.

Further Obligations

Furthermore, you must:

  1. Maintain the following email addresses and respond promptly to all email sent to these addresses:
    1. abuse@yourdomain.com; and
    2. postmaster@yourdomain.com
  2. Maintain and enforce on your clients and customers accessing storage space provided as part of the Services an Acceptable Use Policy substantially similar in scope and intent to this document.
  3. Maintain a policy requiring proper "From" and/or "Reply-To" headers for email and usenet postings.
  4. Maintain proper security on your mail server, to prevent the mail server from being used as a "spam amplifier" by third parties. Servers must restrict "email relaying." (Not applicable to customers who do not maintain a mail server.)

Violation

Pacific Servers reserves the right to terminate or interrupt any account in part or in full without refund for violation of this Acceptable Use Policy. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at Pacific Servers' sole discretion. Violation of this Acceptable Use Policy could also subject you to criminal or civil liability. Pacific Servers may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Pacific Servers has no obligation to provide warnings under any circumstances and can terminate your account or take any other actions it deems reasonable or necessary without prior notice if you violate this Acceptable Use Policy.

Contact Us

For further explanation of any portion this document, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, contact Pacific Servers by email at support@pacificservers.com or by mail at Pacific Servers Inc., 718-333 Brooksbank Ave, Suite 254, North Vancouver, BC, V7J 3V8, Canada.