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Acceptable Use Policy
GENERAL
Pandora Computer Service provides web site hosting, and other Internet-related services. As a provider of internet web hosting and other internet services, Pandora Computer Service offers its clients, and their customers and users, the means to disseminate public, private, commercial, and non-commercial information.
Pandora Computer Service respects the fact that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Pandora Computer Service reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Pandora Computer Service has developed this Acceptable Use Policy (AUP), which supplements and explains certain terms of each Client’s Website Contract (hereinafter referred to as “Contract”). This AUP is intended as a guide to the Client’s rights and obligations when utilizing Pandora Computer Service's services.
This AUP will be revised from time to time. A Client’s use of Pandora Computer Service's services after changes to the AUP are posted on PandoraCS.com website will constitute the Client’s acceptance of any new or additional terms of the AUP.
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 the Internet to disseminate information to others.
It must be kept in mind that Pandora Computer Service does not review, edit, censor, or take responsibility for any information its clients may create. When clients place information on the Internet, the clients have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information the clients place on Pandora Computer Service's network may be carried to a large number of people, including both clients and non-clients of Pandora Computer Service, clients' postings to the Internet may affect other clients and may harm Pandora Computer Service's goodwill, business reputation, and operations.
PROHIBITED ACTIVITIES
Pandora Computer Service clients violate Acceptable Use policy and the Contract when the clients, the clients’ customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming
Intellectual Property Violations
Defamatory or Abusive Language
Forging of Headers
Illegal or Unauthorized Access to Other Computers or Networks
Background Running Programs
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Facilitating a Violation of this AUP
Export Control Violations
Spamming Usenet Groups or Message Boards
Any Other Illegal Activities
It is Pandora Computer Service's policy to terminate the privileges of Clients who commit repeat violations of Pandora Computer Service policy and service agreements.
Spamming is the sending unsolicited bulk and/or commercial messages over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Pandora Computer Service, but also because it can overload Pandora Computer Service's network and disrupt service to Pandora Computer Service clients. Also, maintaining an open Simple Mail Transfer Protocol (SMTP) relay is prohibited. When a complaint is received, Pandora Computer Service has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list. Refer to our UCE/SPAM Policy for more information.
Intellectual Property Violations is the engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Pandora Computer Service is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement laws.
Defamatory or Abusive Language refers to the use of Pandora Computer Service's network as a means to transmit or post defamatory, harassing, offensive, abusive, or threatening language, among other transmissions or postings which may be considered defamatory or abusive.
Forging of Headers refers to the forging or misrepresenting of message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks is 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"). This violation also includes any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Background Running Programs - Background Daemons in general are prohibited on Pandora Computer Service servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other programs that interfere with normal server operation. Pandora Computer Service has the sole discretion of deciding what constitutes a violation of the above policy.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities refers to the distributing of information regarding the creation of and sending of internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, it includes any 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.
Facilitating a Violation of this AUP refers to 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, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations refers to exporting encryption software, over the Internet or otherwise, to points outside the United States.
Spamming Usenet Groups or Message Boards Pandora Computer Service reserves the right not to accept postings from newsgroups where Pandora Computer Service has actual or contructive knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities refers to engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes or pyramid schemes. Other examples are fraudulently charging credit cards and pirating software.
Other Activities refer to any activity, including lawful ones, that Pandora Computer Service determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities just described rests primarily with the client. Pandora Computer Service will not, in normal practice, monitor the communications of its clients to ensure that they comply with Acceptable Use policy or applicable law. When Pandora Computer Service becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or other actions Pandora Computer Service deems appropriate.
PRIVACY AND SECURITY CONSIDERATIONS
Pandora Computer Service is also concerned with the privacy of on-line communications and web sites. Pandora Computer Service urges its clients to assume that all of their on-line communications are insecure. Pandora Computer Service cannot take any responsibility for the security of information transmitted through Pandora Computer Service's facilities.
Pandora Computer Service will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, any governmental authority, or when public safety is at stake. Pandora Computer Service may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.
Pandora Computer Service may disclose information, including but not limited to, information concerning a client, a transmission made using the network of Pandora Computer Service, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Pandora Computer Service assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Pandora Computer Service may disclose client information or information transmitted over its network where necessary to protect Pandora Computer Service and others from harm, or where such disclosure is necessary to the proper operation of the system.
Any complaints about a client's violation of this AUP should be sent to mailto:
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== COPYRIGHT COMPLAINTS AND DESIGNATED COPYRIGHT AGENT
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WITHOUT ADVANCE NOTICE, WHETHER FOR CHANGES IN THE LAW OR FOR THE CONVENIENCE OF PANDORA COMPUTER SERVICE. YOU MUST CHECK THIS NOTICE FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION.
Notification. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or its authorized agent ("Complainant") may submit a notification alleging copyright infringement to Pandora Computer Service's Designated Copyright Agent if Complainant has a good-faith belief that its works are being infringed by material subject to Pandora Computer Service's control. To ensure receipt, Pandora Computer Service strongly recommends that Complainant send the notification by overnight mail, delivery fees or postage prepaid. Pandora Computer Service will investigate proper notifications sent to:
Designated Copyright Agent: Steve Schleper
Attn: Copyright Complaint, Pandora Computer Service
618 Buttermilk Pike, Suite 200
Crescent Springs, Ky 41017
A proper notification MUST have at least the following information, or it may be properly IGNORED by Pandora Computer Service:
(i) A physical or electronic signature of a person authorized to act on behalf of Complainant;
(ii) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pandora Computer Service to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact Complainant, such as an address, telephone number and, if available, an e-mail address at which Complainant may be contacted;
(v) A statement that Complainant has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification. Pandora Computer Service will investigate the subject of a proper notice. If appropriate, Pandora Computer Service will remove or disable access to the allegedly infringing material and notify the entity that submitted such material ("Respondent"). Respondent may then send to the Designated Copyright Agent a proper counter-notification, in which case Pandora Computer Service may re-post or re-enable access to the allegedly infringing material between 10 and 14 days after receipt of the counter-notification, unless Complainant first notifies Pandora Computer Service that Complainant has filed suit to restrain Respondent from engaging in the alleged infringement. Mark the counter-notification "Attn: Response to Complaint" on the document and on the envelope, and send to the address above. To ensure receipt, Pandora Computer Service strongly recommends that Respondent send the counter-notification by overnight mail.
A proper counter-notification MUST have at least the following information, or it may be IGNORED:
(i) A physical or electronic signature of a person authorized to act on behalf of Respondent;
(ii) Identification of the material that has been removed or disabled and the location at which the material appears before it was removed or access to it was disabled;
(iii) A statement, under penalty of perjury, that Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Respondent's name, address and telephone number, and a statement that Respondent consents to the jurisdiction of the Federal Court in its district or, if Respondent's address is outside the United States, Respondent consents to any jurisdiction where Pandora Computer Service may be found, and that Respondent will accept service if process originates from Complainant or Complainant's agent.
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