Acceptable Use Policy

pCmbiz.net has developed an Acceptable Use Policy, which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing pCmbiz.net' products and services. This Acceptable Use Policy will be revised from time to time, with or without notice to the customer. A customer's use of pCmbiz.net' services after changes to the Acceptable Use Policy will constitute the customer's acceptance of any new or additional terms of the Acceptable Use Policy that result from those changes.

As this Acceptable Use Policy is subject to change, notification will be attempted by making the new revision publicly available via pCmbiz.net' Web site, www.pCmbiz.net.

pCmbiz.net wishes to emphasize that in signing the service agreement, subscribers indemnify pCmbiz.net for any violation of the service agreement, law, or pCmbiz.net policy, that results in loss to pCmbiz.net or the bringing of any claim against pCmbiz.net by any third-party. This means that if pCmbiz.net is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against pCmbiz.net, plus costs and reasonable attorneys' fees.

  1. This Acceptable Use Policy (this "Policy") governs the usage of pCmbiz.net' products and services (the "Services"). This Policy is incorporated by reference into each contract pCmbiz.net enters into with a customer (each, a "Customer") for the use of such Services.
     
  2. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from pCmbiz.net (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet. Parental consent is required for children under the age of 13 to disclose any personal information or to access our Customer Support Center, Customer Forums, or to utilize the Services.

     
  3. Users may not:

     
    1. Utilize the Services to send mass unsolicited e-mail to third parties.

       
    2. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:

       
      1. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
         
      2. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
         
      3. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
         
      4. Utilize the Services to host pornographic or sexually explicit content or IRC servers, IRC bots, channels or other daemons on our server;
         
      5. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
         
      6. Utilize the Services in any manner that violates applicable law.

         
    3. Utilize the Services in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Users may not:

       
      1. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.

         
      2. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

         
    4. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

       
      1. Utilize the Services to cause denial of service attacks against pCmbiz.net or other network hosts or Internet users or to otherwise degrade or impair the operation of pCmbiz.net’s servers and facilities or the servers and facilities of other network hosts or Internet users;
         
      2. Post messages or software programs that consume excessive CPU time or storage space;
         
      3. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;
         
      4. Utilize the Services to resell access to CGI scripts installed on pCmbiz.net’s servers;
         
      5. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any pCmbiz.net systems, facilities or equipment;
         
      6. Utilize the Services to gain unauthorized access to the computer networks of pCmbiz.net or any other person;
         
      7. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
         
      8. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames);
         
      9. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
         
      10. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
         
      11. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
         
      12. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
         
      13. Utilize the Services in any manner that might subject pCmbiz.net to unfavorable regulatory action, subject pCmbiz.net to any liability for any reason, or adversely affect pCmbiz.net’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by pCmbiz.net in its sole discretion; or
         
      14. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

         
  4.  
    1. Disclaimer. pCmbiz.net expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. pCmbiz.net has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
       
    2. Remedies. If pCmbiz.net learns of a violation of this Policy, pCmbiz.net will respond to the applicable Customer and may, in pCmbiz.net’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
       
      1. Warning the Customer;
         
      2. Suspending the offending Customer from the Services;
         
      3. Terminating the offending Customer from the Services;
         
      4. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
         
      5. Removing the offending content; and
         
      6. Taking other action in accordance with this Policy, the applicable service contract or applicable law.

         
  5. pCmbiz.net will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. pCmbiz.net may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, pCmbiz.net may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. pCmbiz.net assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. pCmbiz.net may disclose subscriber information or information transmitted over its network where necessary to protect pCmbiz.net and others from harm, or where such disclosure is necessary to the proper operation of the system.