Pacific Internet Exchange provides web hosting services to customers around the world. The following terms of service are designed to provide the highest level of service available.

Content
All services provided by Pacific Internet Exchange are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The customer agrees to indemnify and hold harmless Pacific Internet Exchange, from any claims resulting from the customer's use of PIE's services which damages the customer or any other party.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.

Pacific Internet Exchange will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the customer.

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Housing of any of the following files is 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 -

• Spamming, i.e. the sending of unsolicited email, from any PIE server or any server located on the PIE network is STRICTLY prohibited. PIE will be the sole arbiter as to what constitutes a violation of this provision.
• 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 PIE 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 or selling lists of email addresses from 3rd parties for mailing to or from any Pacific Internet Exchange hosted domain, or referencing any PIE 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.
• All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.
• Contact PIE Abuse with any email abuse complaints!

Server Abuse - Any attempts to undermine or cause harm to a PIE server or customer of PIE 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
• The hijacking of any IP address not issued to you.

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Pacific Internet Exchange and all dedicated servers must adhere to the above policies.

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Bandwidth Measurement and Overage Fees at 95%
For all VPS, Dedicated Hosting and Colocated servers, customer shall be responsible for all usage above the Committed Megabits per Second (Mbps) ordered. Billing for all subsequent additional usage will be charged at the per Mbps rate or fraction thereof. Calculation of such usage shall be determined by monitoring the Customer's traffic levels for both transmit and receive every two minutes, averaging the total usage across each calendar month and then removing the top 5% of usage (95th percentile method). The average usage of the higher value, either transmit or receive, will be compared each month with the Committed Mbps paid and any usage above the Committed amount shall be applied to the following month's bill. The 95% rate is billed at the committed rate.

Remote Hands Support
Basic support and maintenance of servers and customers equipment is provided at the discretion of Pacific Internet Exchange. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

• $100/hour

PARAMETERS:

• Minimum billing 1 hour per incident
• Additional time rounded to next ¼ hour
• Total time calculated and invoiced monthly

IP address Allocation
PIE shall allocate Customer IP addresses in accordance with RFC 2050.

Account Setup and Billing:
VPS Server accounts will be charged on the day the order is processed, regardless of the account billing date. Dedicated,Colocation and IP servicse will be billed at the time of tun up of the service. This includes any Setup Fee, NRC, and MRC. The account will not be charged again until the next month's billing cycle. Billing dates are on the first and 15th of every month.

Check Orders: Accounts for customers who wish to pay by check will be setup when the check is received by Pacific Internet Exchange.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the 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.

Cancellation Procedure: PIE must be given 30 days notice of Any cancelation to biling@pie.us. 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. For Colocation and IP services, or long term Dedicated Servers, there is an assessed early termination fee 75% of the remaining contract due in full as the Final bill.

Refunds
All Setup fee's and NRC fees are NON refundable. Any violation of Pacific Internet Exchange's Terms of Service Agreement shall result in no refund.

Courtesy Services for Customers
All services such as backup and Webmin are provided for the courtesy of the customer. It is the sole responsibility of the customer to maintain the customer's own backup of any data. Pacific Internet Exchange is not responsible for lost data or for lost data due to third party software that is not maintained by Pacific Internet Exchange programming staff. (Webmin is not associated with Pacific Internet Exchange)

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Limitation of Damages
Recovery of damages from PIE may not exceed the amount of fees it has collected on the account for one month.

General
Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the customer and Pacific Internet Exchange

By opening an account, or ordering services from PIE, the customer agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and can be changed by Pacific Internet Exchange administrators without prior notice.

Any violation of these Terms of Service will result in termination of the account. Pacific Internet Exchange maintains the right to terminate accounts without prior notification.

Dispute Resolution
Any dispute between PIE and a customer shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with California law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in San Francisco County, California, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

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