You are responsible for abiding
by the rules set forth in the paragraphs below. Any violation
of the terms set forth below may result in immediate
suspension and/or termination of all services currently being
provided.
We offer our customers the
means to acquire and disseminate a wealth of public, private,
commercial and non-commercial information. We also want our
customers to be fully informed of their rights and obligations
-- and ours -- in connection with their use of the Internet.
This Network Access Policy, which supplements and explains
certain terms of each customer's respective services agreement
(the "Services Agreement"), is intended as a plain English
guide to those rights and obligations.
The fundamental fact about the Internet is that no one
--neither us, nor anyone else -- 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, both in the
information they acquire and in the information they
disseminate to others. When customers obtain information
through the Internet, they must keep in mind that we cannot
monitor, verify, warrant or vouch for the accuracy and quality
of the information that customers may acquire. For this
reason, the customer 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 is
sexually explicit or otherwise offensive. Because we cannot
monitor and censor the Internet, and will not attempt to do
so, we cannot accept any responsibility for injury to our
customers that results from inaccurate, unsuitable or
offensive Internet communications.
When customers disseminate information through the Internet,
they also must keep in mind that we do not review, edit,
censor or take responsibility for any information our
customers may create. This places on customers what will be,
for most, an unfamiliar responsibility. 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 they create is
carried over our facilities and may reach a large number of
people, including both customers and non-customers of ours,
customers' postings to the Internet may affect other customers
and may harm our goodwill, business reputation and operations.
For these reasons, customers violate our policy and the
Services Agreement when they, their affiliates or subsidiaries
engage in the following activities:
Adult Sites/Unacceptable Content – Pornography and
pornographic related merchandising are prohibited under all
Pioneering Solutions services. This includes sites that include links
to pornographic content elsewhere. Further examples of
unacceptable content or links include pirated software,
“hacker” programs, archives of “Warez Sites”, game rooms or
MUDs, IRC Bots, Egg Drop programs, any kind of illegal
software or shareware. In addition sites offering online
gambling, casino functionality, sportsbook betting (including
offshore), and Internet lotteries are prohibited.
Copyright Violation – Engaging in activity that
infringes or misappropriates the Intellectual Property rights
of third parties, including copyrights, trademarks, service
marks, trade secrets, software piracy and patents and other
similar rights held by third parties shall result in
termination of all "subscribers" privileges on "Pioneering Solutions" systems.
How to claim a copyright infringement:
Pursuant to 17 U.S.C. 512(c) (2), all notifications of claimed
copyright infringement on the "Pioneering Solutions" system or Web
sites should be sent to our Network Administrator at
info@pioneeringsolutions.com and shall include the following
information:
A: a physical or electronic signature of the copyright owner
or a person authorized to act on the copyright owner's behalf.
B: identification of the copyrighted work(s) claimed to have
been infringed.
C: identification of the material claimed to infringe the
copyrights(s), reasonably sufficient to enable "Pioneering Solutions"
to locate the material in order to remove the material or
disable access.
D: information reasonably sufficient to allow "Pioneering Solutions" to
contact the complaining party (including name, address, phone
number, and e-mail address)
E: statement that the complaining Claimant has a "good faith
belief that use of the material in the manner complained of is
not authorized by the copyright [holder], its agent or the
law."
F: statement that the information in the notice is accurate,
and under PENALTY OF PERJURY, that the complaining party is
authorized to act on behalf of the copyright owner.
NOTE: UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL
PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND
ATTORNEYS FEES INCURRED BY Pioneering Solutions, OR BY ANY COPYRIGHT
OWNER'S LICENSEE THAT IS INJURED AS A RESULT OR A
MISREPRESENTATION. IN ADDITION, YOU MAY ALSO BE SUBJECT TO
CRIMINAL CHARGES FOR PERJURY, IN ACCORDANCE WITH APPLICABLE
LAW. Pioneering Solutions. PROSECUTES TO THE FULL EXTENT ALLOWABLE BY
LAW.
Customer Billing -
When excepting Pioneering Solution's terms of service the customer
hereby agrees and authorizes Pioneering Solutions to use the credit
card information they have on file for any future reoccurring
our periodic billing charges. The customer acknowledges that
this action will take place automatically upon the customers
monthly, quarterly or annual account renewal date. All
customer credit card information is considered confidential
and will not be released or shared with any other third
parties without their permission. The customer also agrees
that in order for Pioneering Solutions to cancel an active account,
they must submit to Pioneering Solutions a request to cancel their
services 30 days in advance of the accounts normal renewal
date.
For additional information
regarding our refund policy, please see the following posted
web site reference our:
Guarantee Policy
Customer Support – Pioneering Solutions promotes a mutually professional relationship with its
customers. Obscene, abusive, threatening or otherwise
harassing communications with agents of the Company, via
telephone, email, online chat or other means will result in
immediate account termination not withstanding any other terms
of this agreement. Pioneering Solutions reserves the right to terminate
any customer account along with its associated services at its
own discretion. Violation of this will result in refund
ineligibility.
Defamation -- Defamatory speech distributed over the
Internet can result in civil liability for the defamer and
litigation against the WHP whose facilities were used to
distribute the defamatory material.
Distribution and/or Transmission of Obscene or Indecent
Speech or Materials -- Violation of indecency and
obscenity laws can result in criminal penalties.
Distribution of Internet Viruses, Worms, Trojan Horses and
Other Destructive Activities -- Distribution of Internet
viruses, worms, Trojan horses and other destructive
activities, such as hacking, can result in serious civil and
or criminal liability under federal and state law.
DNS Transfers – By registering a domain name through
Pioneering Solutions, the Customer is establishing a relationship with
DomainPeople.com separate from the Company and this Agreement.
Pioneering Solutions is the domain name hosting business. All customer
accounts are setup with the understanding that the Customer
will transfer authoritative DNS control of the domain hosted
with us, i.e., Pioneering Solutions requires the Customer to update the
domain name registration of any domain hosted to the
appropriate nameservers. Pioneering Solutions does not provide
extended access to its network through non-authoritative DNS
means for any purpose other than initial account setup.
Third-level domains are provided for 30 days after account
creation and may not be used as a primary means of access to
an assigned web space.
Export Control Violations -- The law limits the ability
of persons to export encryption software, over the Internet or
otherwise, to points outside the United States.
Illegal/Unauthorized Access to Other Computers or Networks
-- The illegal or unauthorized accessing (often known as
"hacking") of computers or networks carries potential civil
and criminal penalties under both federal laws and the laws of
most states.
Image Repository -- The WHP services are not to be used
as a software/image repository. This means you cannot use your
account to store images that are pulled from another website.
An example of this would be storing images to be pulled from
an eBay auction site.
Software/Script Support – Customer acknowledges that
Pioneering Solutions cannot provide technical support for any software
and/or script that the Customer installs, other than variable
name changes. Customer also acknowledges that Pioneering Solutions does
not supply technical support for Microsoft FrontPage, other
than initial configuration. Pioneering Solutions supplies technical
support for web hosting issues only. Pioneering Solutions shall be the
sole arbiter as to what constitutes a “webhosting” issue.
Spamming -- Unsolicited, commercial mass e-mailing
(known as "spamming") is a strongly disfavored practice among
Internet users and web hosting providers. It is particularly
harmful not only because of its negative impact on consumer
attitudes toward us, but also because it can overload our
equipment and disrupt service to our customers. This includes
listing a hosted domain in any unsolicited email.
Unmetered Data Transfer – Pioneering Solutions provides the
unlimited space and unlimited transfer in good faith to our
Customers so that they may create their websites without the
fear of running over their web space or web traffic
allocation. While most Customers will use the extra web space
and traffic for their legitimate web site needs, we recognize
that others may try to take advantage of our offer and use the
space and traffic in ways for which it is not intended. If at
any time the Customer’s website generates enough bandwidth
usage to affect the performance of the other customer sites on
the server, Pioneering Solutions reserves the full right to terminate
the Customer’s domain name without refund.
Other Activities, whether lawful or unlawful, that we
determine to be harmful to our customers, operations or
reputation, including any activities that restrict or inhibit
any other user from using and enjoying the service or the
Internet. Any violations of this agreement will result in
refund ineligibility.
As we have pointed out, the responsibility for avoiding the
harmful activities just described rests primarily with the
customer. We will not, as an ordinary practice, monitor the
communications of our customers to ensure that they comply
with our policy or applicable law. When we become aware of
harmful communications, however, we may take any of a variety
of actions. We may remove information that violates our
policies, implement screening software designed to block
offending transmissions, or take any other action we deem
appropriate, including termination of a customer's contract
with us.
We also are aware that many of our customers are, themselves,
providers of web hosting services, and that information
reaching our facilities from those customers may have been
originated by customers of those customers or other third
parties. We do not require our customers who offer web hosting
services to monitor or censor transmissions created by
customers of its customers. At the same time, customers who
knowingly transmit materials that violate law or our policy
are, themselves, in violation of our policy. Similarly, we
anticipate that customers who offer web hosting services will
cooperate with us in any corrective action that we deem
necessary, in order to correct and prevent the transmission of
material that is harmful to us or our customers. Failure to
cooperate with such corrective and preventive measures is a
violation of our policy.
We also are concerned with the privacy of on-line
communications. In general, the Internet is neither more nor
less secure than other common communications media, including
mail, facsimile and voice telephone service, all of which can
be intercepted and otherwise compromised. As a matter of
prudence, however, we urge our customers to assume that all of
their on-line communications are insecure.
We cannot take any responsibility for the security of
communications transmitted over our facilities. We will comply
fully, however, with all applicable laws concerning the
privacy of our customers' on-line communications. In
particular, we will not intentionally monitor or disclose any
private electronic mail messages sent or received by our
customers unless required to do so by law. We may, however,
monitor our service electronically to determine that our
facilities are operating satisfactorily. Also, we may be
required to disclose information transmitted through our
facilities in order to comply with court orders, statutes,
regulations or governmental requests. Finally, we may disclose
information transmitted over our facilities where necessary to
protect us and our customers from harm, or where such
disclosure is necessary to the proper operation of the system.
Pioneering Solutions will not be responsible for loss of any customer
content. We do, backup our systems daily, but these backups
are used only to restore customer content after a server
failure, and we cannot guarantee that all content will be
up-to-date. It is the customer's responsibility to have a
full backup of their site.
We expect that our customers who provide Web hosting services
to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A customer's
failure to comply with those laws will violate our policy.
Finally, we wish to emphasize that in signing the Services
Agreement, customers indemnify us for any violation of the
customer of the Services Agreement, or of law or corporate
policies, that results in loss to us or the bringing of any
claim against us. This means that if we are sued because of
activities of the customer that violate any law, the Services
Agreement or this policy (which is part of the Services
Agreement), the customer will pay any damages awarded against
us, plus costs and reasonable attorneys' fees.
We hope this Policy Statement is helpful in clarifying the
obligations of Internet users, including us and our customers,
as responsible members of the Internet.
We reserve the right to permanently discontinue service
at any time, without notice, should you be found in violation
of our aforementioned terms and conditions.
Note: You are not permitted to have any commercially available
software, fixes, patches or electronic media (ex. MP3s, AVI,
WAVE, etc.) for download on your site. We reserve the right -
at any time, to terminate service if we find that you have
violated this term. Additionally, should you be found to be in
violation of any licensing agreements currently in place, we
reserve the right to permanently terminate your service
without refund. In English - no download sites.
Complaints about violators of our policies should be referred
to info@pioneeringsolutions.com. Each complaint will be investigated. |