Terms of Services
Revision date: July 25, 2006

All services provided by pacdot.com ("pacdot.com") may 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 city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless pacdot.com from any claims resulting from the use of service which damages the subscriber or any other party.

By using pacdot.com, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the pacdot.com website) or you are a "Member" (which means that you have registered with pacdot.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the pacdot.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the pacdot.com Website and discontinue use of the pacdot.com Services immediately.

Prohibited are sites that promote any illegal activity or present content that may be damaging to pacdot.com servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, PACDOT.COM WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Server Abuse
Any attempt to undermine or cause harm to a server or user of pacdot.com is strictly prohibited. As a registered user you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be canceled.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of pacdot.com must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Limitation on Liability. IN NO EVENT SHALL PACDOT.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PACDOT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PACDOT.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PACDOT.COM FOR THE PACDOT SERVICES DURING THE TERM OF MEMBERSHIP.

Indemnity. You agree to indemnify and hold pacdot.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the pacdot Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the pacdot Website or through the pacdot Services causes pacdot.com to be liable to another.

Violations
Violations of these Acceptable Use Policies should be referred to pacdot@pacdot.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
pacdot.com cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their profile was functioning. Certain services provided by pacdot.com are resold. Thus, certain equipment, routing, software and programming used by pacdot.com are not directly owned or written by pacdot.com. Moreover, pacdot.com holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as pacdot.com sees fit.

Account Activation
By activating your account with pacdot.com, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Server Uptime Guarantee
Although pacdot.com has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

pacdot.com reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification.

Privacy
Revision date: July 25, 2006

pacdot.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: pacdot@pacdot.com

Acceptable Use Policy
Revision date: July 25, 2006

As a provider of web site hosting and other Internet-related services, pacdot.com offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. pacdot.com respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, pacdot.com reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, pacdot.com has developed an Acceptable Use Policy ("AUP"), 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 using pacdot.com' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that pacdot.com cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because pacdot.com cannot monitor or censor the Internet, and will not attempt to do so, pacdot.com cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that pacdot.com does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over pacdot.com' network and may reach a large number of people, including both subscribers and non-subscribers of pacdot.com, subscribers' postings to the Internet may affect other subscribers and may affect pacdot.com' goodwill, business, reputation or operations. For these reasons, subscribers violate pacdot.com policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, pacdot.com does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
pacdot.com does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
pacdot.com is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail pacdot@pacdot.com.

Obscene Speech or Materials:
Using pacdot.com' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. pacdot.com is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using pacdot.com' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking" or "cr). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
pacdot.com reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that pacdot.com determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. pacdot.com will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with pacdot.com' policy or applicable law. However, when pacdot.com becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by pacdot.com.

pacdot.com is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching pacdot.com' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. pacdot.com does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. pacdot.com reserves the right to directly take action against a customer of its subscribers. Also, pacdot.com may take action against the pacdot.com' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, pacdot.com anticipates that subscribers who offer Internet services will cooperate with pacdot.com in any corrective or preventive action that pacdot.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of pacdot.com policy.

pacdot.com will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. pacdot.com may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, pacdot.com 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. pacdot.com assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, pacdot.com may disclose subscriber information or information transmitted over its network where necessary to protect pacdot.com and others from harm, or where such disclosure is necessary to the proper operation of the system. However, pacdot.com will never sell information to other services or outside companies.

pacdot.com expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate pacdot.com policy. Finally, pacdot.com wishes to emphasize that, in signing the Service Agreement, subscribers indemnify pacdot.com for any violation of the Service Agreement, law or pacdot.com policy resulting in loss to pacdot.com or the bringing of any claim against pacdot.com by any third party. This means that, if pacdot.com is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against pacdot.com, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including pacdot.com and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to pacdot@pacdot.com.