Palmain Communications Inc. (PCI)
Internet Service Policy and Guidelines

The Policy and Guidelines (P&G) outlined below are designed to ensure a responsible use of the net and its resources, and to define the meaning of Unlimited Service.

 General

    a. The Customer may use the network only for lawful purposes. The use of the PCI network or systems in violation of any United States law or regulation is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material legally judged to be threatening, and material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law. In addition the Internet use must be compliant with the terms and conditions of the PCI service.

   
b. PCI reserves the right to remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet these Policy & Guidelines.

    c. The Customer will indemnify and hold PCI harmless from any claim brought by third parties alleging that use of the network by the customer has infringed any applicable United States or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including legal fees) and judgments finally awarded against PCI arising from such claims. The customer shall give PCI notice of any claim he is involved with or aware of.

    d. PCI will not provide its customers e-mail addresses or other personal identification to any third party without prior written approval. Exceptions are made within the scope of judicial investigations in which PCI will fully co-operate.

    e. Internet traffic passes through multiple networks from source to destination. One can never be guaranteed privacy between links. For that reason customers seeking total privacy for email or other communications should use an encryption scheme, such as PGP, to protect their communications.

Network 
    a. The Customer acknowledges that PCI is unable to exercise control over the content of the information passing over the PCI network. Therefore, PCI is not responsible for the content of any message whether or not the posting was made by a PCI customer.

    b. The PCI network may be used by the Customer to link to other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks.

    c. In addition the Customer undertakes to conform to the Internet protocols and standards as partially defined under Netiquette.

    d. The customer may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").

    e. PCI will not tolerate the posting of viruses or other destructive programs. PCI reserves the right to take legal action against such use.

    f. Without prejudice to the foregoing, PCI considers that any application that overloads the network by whatever means will be considered as making profligate use of the network and is as such NOT allowed. Use of IP multicast other than by means provided and coordinated by PCI is likewise prohibited.

    g. Customers who violate systems or network security may incur criminal or civil liability. PCI will fully co-operate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement authorities.

    h. When a user disrupts the performance of a network or disrupts other users, the user will be considered abusive and their account may be terminated.

    i. Harassment or abusive use of e-mail, IRC, and other Internet services is cause to terminate the account and may be illegal. PCI will handle incidents of harassment on a case-by-case basis, consulting with the parties involved.

    j. The Customer acknowledges that PCI has no control over the privacy of the customer's traffic after it reaches the Internet. Encryption techniques such as IPSec, PGP, and SSL are recommended for sensitive data.

Netiquette

Breaches of network etiquette (netiquette) by our customers reflect on PCI and we are the ones whom the aggravated parties seek remedy from. To keep these incursions from occurring the following rules apply.

   a. Customers are forbidden to send e-mail to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements).

   b. Posting any commercial or off-topic article to a Usenet newsgroup is prohibited. In the few cases where on-topic commercial postings are allowed by a newsgroup charter, postings should be limited to one group per posting. It is not acceptable to post a single commercial message to multiple groups.

   c. When a Usenet message is non-commercial and is on-topic to more than one newsgroup, it is acceptable to cross-post a single message to the newsgroups in question. Cross posting to more than five groups is considered Usenet abuse.

   d. Customers are prohibited from forging header information.

   e. A customer may not solicit mail for any other address other than that of the customer, except with full consent of the owner of the referred address.

   f. Customers may not forward or propagate malicious e-mail.

   g. Sending unsolicited commercial e-mail to multiple recipients or a third party mailing list is also prohibited.

   h. It is explicitly permitted to send commercial e-mail to individuals who have an existing customer or supplier relationship with you or your company. It is also permitted to send e-mail to individuals who have directly requested information from you, if and only if that request came directly from the individual to you and not via a third party or a "targeted list" of addresses.

   i. PCI requires that commercial messages provide a clear, simple, free, and effective procedure to be removed from all future mailings, including those prepared from a different list.

   j. Attempting to circumvent the above rules by using a non-PCI Internet connection, by relaying messages through a third-party server, or by allowing a third party to originate the e-mail or news posting will be considered the same as using PCI services. Customers will be held responsible for any message advertising their websites and/or services regardless of where the message originated or from whom it was sent.

   k. These rules apply to any Internet based distribution medium and any application using the Internet as well (e.g. usenet news, fax-like documents over the Internet, web-based discussion forums).

   l. PCI reserves the right to terminate the account of any customer who clearly violates any of these rules.

True Unlimited Internet Access:
   a.  True Unlimited Internet Access is defined as unlimited "single user, attended usage". This means that you may maintain a connection while you are personally in front of your computer actively using the Internet but in no case to exceed 8 continuous hours.
Inactive connections of longer then 30 minutes will be terminated.

   b. Any account that has been discovered to be using a ping bot, "keep-alive" program or automatic dial back system, (such as E-mail, chat and streaming media programs) to maintain a full time connection will be asked to either upgrade their account to a dedicated connection, or terminate the account.

Reasonable Usage Clause:
   For the purpose of establishing the definition of True Unlimited Internet Access, and in addition to the above requirements, reasonable usage is defined as a standard account not exceeding the total aggregate time that would normally be incurred in the course of a month by a small business owner to run their business. At our sole discretion standard accounts that regularly exceed what is considered reasonable usage for a single account will receive a warning and or be asked to upgrade to a dedicated to a dedicated connection. Repeated monthly overuse will be considered cause for termination of service.

Warranties 
   a. PCI makes no warranties of any kind, whether expressed or implied, for its services. PCI specifically disclaims any implied warranties of merchantability or fitness for any particular purpose.

  
b. PCI will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or PCI's errors or omissions.

  
c. PCI will not under any circumstances be responsible for consequential damages.

  
d. PCI reserves the right to suspend or terminate accounts for any reason, if, in PCI's opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components.

  
e. In the context of the Policy & Guidelines, using other sites or servers to abuse the net via PCI access is regarded in the same manner as would be abusing PCI's sites or servers.

Applicability
    a. These rules cannot be superseded by any verbal agreements of PCI employees or customers.

    b. Any agreement modification or special changes to the Policy & Guidelines must be in writing and signed by a PCI Officer.

Jurisdiction
    a. This Policy & Guidelines and Customers agreement to abide by this Policy & Guidelines shall be governed by the laws of the State of Oregon.

Severability
    a. If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.

Questions about this policy should be sent via E-mail to pci@palmain.com
Reports of activities considered to be violating this policy by PCI customers may be sent via
E-mail to pci@palmain.com