Presque Isle Technology Solutions - Erie, PA

Web Service AUP and TOS:

The terms of use below constitute a legal agreement between you (The Customer) and Presque Isle Technology Solutions (the Company), which provides the internet related services described at PresqueIsleTech.com. Your agreement to be bound by these terms is acknowledged by your use of the Company Services, Support Services and/or any software made available to you by the Company. Agreeing to PI Tech Solutions Acceptable use Policy and Terms of Conditions is mandatory for signing up or using our internet and web services. Please make sure you read everything. If you have any questions contact us using a method described on our contact page at www.PI Tech Solutions.com/contact.html

Acceptable Usage Policy (AUP)

PI Tech Solutions Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what PI Tech Solutions expects of them while using the service. All users of PI Tech Solutions Internet & Web services: those who access some of our services but do not have accounts, as well as those who pay a service fee to subscribe to the services and may have accounts, must comply with this AUP and our TOS (Terms of Service).

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. PI Tech Solutions may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your PI Tech Solutions account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of PI Tech Solutions Acceptable Use Policy. The following are guidelines for the establishment and enforcement of PI Tech Solutions AUP:

Ensure reliable service to our customers.

Ensure security and privacy of our systems and network, as well as the networks and systems of others.

Comply with existing laws.

Maintain our reputation as a responsible service provider.

Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services.

Preserve the value of Internet resources as a conduit for free expression and exchange of information.

Preserve the privacy and security of individual users.

PI Tech Solutions intends to provide its customers access to everything the Internet has to offer. While PI Tech Solutions is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both PI Tech Solutions and the Internet and cannot be permitted under the guise of free speech. The resources of PI Tech Solutions and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use our shared web services, dedicated servers or virtual servers to publish material, which PI Tech Solutions determines, at its sole discretion, to be completely unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a PI Tech Solutions account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Web Hosting Service Usage Policy

The Customer should use all recourses provided by The Company in a manner that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, disk space, etc. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, suspension or immediate account termination with no refund. Managed Hosting Customers are not bound by the following conditions. The Company has the right to decide what constitutes a violation of the terms below:

Customer's use of traffic (bandwidth)

Customer's account�s monthly traffic is limited in accordance with the Customer's hosting plan. If the monthly bandwidth limit is reached before the end of the month the Customer's account will be charged an overage fee as well as a charge according to the amount of bandwidth used. The Customer has the complete ability to monitor bandwidth and, therefore, will not be notified when their traffic is reaching the limit. It is the responsibility of The Customer to purchase additional bandwidth to avoid extra fees. No unused bandwidth can be transferred from month to month.

Customer's use of disk space

Customer's account disk space is limited in accordance with the Customer's hosting plan. The Customer has the complete ability to monitor disk space usage and, therefore, will not be notified when their account is reaching the maximum. Accounts that reach the total space available will never be suspended, however, it is the responsibility of The Customer to purchase additional space.

Customer's use of email service.

The Customer should use the email and other related services in full compliance with the terms below:

1. Each Customer's account is allowed to send a maximum of 150 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
2. Each email sent by the Customer should have NO more than 75 recipients. Sending a single email to more than 75 recipients simultaneously is endangering the overall server performance.
3. The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 768MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
4. The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 768MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
5. The Company allows up to 50 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 50 times per hour is endangering the overall server performance.

Customer's use of shared Database Resources

Customer should use the MySQL database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 30% of the database queries longer than 1 second at any given time endangers the overall server performance. The Customer is responsible to manage their database(s) so that it is in compliance with this policy.

This does not apply to dedicated servers/racks or virtual private servers.

Customer's use of shared Server CPU

The Customer account should NOT use more than 15% of the shared server CPU for a period longer than 15 seconds. Any account that is using more than 15% of the shared server CPU for more than 15 seconds is endangering the overall shared server performance.

This does not apply to dedicated servers/racks or virtual private servers.

Customer use of shared Server Memory

The Customer account should NOT use more than 192MB of the server memory resources at any given time. Any account that is using more than 192 MB of the shared server memory is endangering the overall shared server performance.

Other Customer's account limitations

The limitations listed below apply to each Customer�s account and failure by the Customer to comply with them will endanger the overall server performance:
1. No more than 20 simultaneous processes will be executed by the Customer's account at any given time.
2. No Cron jobs with execution period shorter than 30 minutes will be executed from the Customer's account.
3. No more than 10 simultaneous connections from a single IP to the Customer's account are allowed.

In some cases, The Company may be able to re-activate a Customer's account that has been suspended for violation of terms of account resource use. This is done only if the Company decides that there is enough evidence that the violation will not be repeated, and after a payment of a $50.00 re-activation fee.

Account Confidentiality and Integrity

The Customer is responsible for maintaining the confidentiality of all login information related to their account, control panel, FTP, and other account management tools.

The Customer is responsible for maintaining the security and the integrity of all the software applications that they choose to be uploaded and/or used on their account. The Company cannot and will not be liable for any loss or damage arising from security bridged in any such software or application.

The Customer agrees to immediately notify the Company of any unauthorized use of their password or account, or any other breach of security, and to ensure that they logout at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

The Customer is fully responsible for all activities that are performed through their account. The Company has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund. The Company cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the Customer is not aware of and/or has not authorized such use.

Actions that Cause Harm to the Company
The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of The Company IP's by the any online spam database, actions resulting in DoS attacks for any servers belonging to the Company, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied.

Account Content Performance
The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer. Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the Company server's hardware and software. The specifications of the hardware and software are described in the Control panel (cPanel) for each account, the Online Client Support Area, and by contacting us. It is Customer's responsibility to keep their content compatible at all times. The Company cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by the Company.

VIOLATIONS OF THE ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

1.Illegal use: The PI Tech Solutions network may not be used for illegal purposes. PI Tech Solutions reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
2. Harm to minors: Use of PI Tech Solutions network to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, and child pedophilic material.
3. Threats: Use of PI Tech Solutions to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment: Use of PI Tech Solutions network to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
5. Fraudulent activity: Use of PI Tech Solutions network to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters".
6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of PI Tech Solutions to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending PI Tech Solutions account.
8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending PI Tech Solutions account.
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the PI Tech Solutions network is in violation of this AUP.
10. Usenet SPAMing: PI Tech Solutions has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
11. Unauthorized access: Use of PI Tech Solutions to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of PI Tech Solutions or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending PI Tech Solutions account is subject to immediate termination.
12. Copyright or trademark infringement: Use of PI Tech Solutions to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
13. Collection of personal data: Use of PI Tech Solutions to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
14. Network disruptions and unfriendly activity: Use of PI Tech Solutions for any activity which affects the ability of other people or systems to use PI Tech Solutions or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. PI Tech Solutions will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. 
17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using PI Tech Solutions could result in suspension service.
19. Third Party Accountability: PI Tech Solutions subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
20. Violation of PI Tech Solutions Virtual and Dedicated accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual hosting and Dedicated hosting/Reseller Accounts. Accounts found hosting this material will be subject to immediate cancellation without refund.
21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers/hosting accounts found to be connecting to or part of these networks will be immediately removed from our network without notice. The server/hosting account will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server/account guilty of a second violation will result in immediate account termination without future reconnection.
22. Adult Content: Explicit adult content (pornography) will be grounds for immediate suspension of your account. Sites containing only links to adult content will be immediately suspended. PI Tech Solutions will be the sole arbiter as to what constitutes a violation of this provision. Adult-oriented sites, pornography and sex-related merchandising are prohibited. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable. Note: Artistic nudity may be acceptable, but this is at the sole discretion of PI Tech Solutions.
23. Banned Scripts : The following scripts are banned from use on our shared and reseller hosting and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops.
Proxy servers.
Mail bombers.
Anonymous mailers.
IP spoofers.
Port scanners.
nph-proxy.
UBB (Ultimate Bulletin Board, all versions).
Ikonboard, Yabb (all versions).
lstmrge.cgi.
FormMail scripts and clones.
Greymatter (gm.cgi) .
Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (unless otherwise approved and configured by PI Tech Solutions.
Any script that uses & processes a massive number of flatfiles or large flatfile databases.

Security
You (The Customer) are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. PI Tech Solutions will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

If you have a shared hosting plan and, for any reason, believe that your account may have been compromised by a hacker or other un-authorized third party, you are required to notify PI Tech Solutions immediately. If it is determined, through an investigation by PI Tech Solutions and coordinating affiliates, that a security breach occurred that was the result of an attack by a hacker and was completely out of your control, you are not responsible for the events that occurred. However, Dedicated services are not treated the same. Since you have complete control of the server all the time, you will be fully responsible for security, unless, you have purchased an in-house management plan in addition to a dedicated plan.

Network Performance

Most PI Tech Solutions accounts operate on shared resources, with the exception of dedicated services. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of PI Tech Solutions systems or networks. PI Tech Solutions reserves the right to terminate or limit such activities.

In rare cases the Company may be able to re-activate a Customer's account that has been suspended for violation of acceptable use policy above. This is done only if the Company decides that there is enough evidence that the abuse will not be repeated and after a payment of a $50.00 re-activation fee.

REPORTING VIOLATIONS OF PI TECH SOLUTIONS AUP

PI Tech Solutions requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@presqueisletech.com.

If available, please provide the following information:

The IP address used to commit the alleged violation.

The date and time of the alleged violation, including the time zone or offset from GMT.

Any evidence of the alleged violation.

Email with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. PI Tech Solutions may take any one or more of the following actions in response to complaints:

Issue written or verbal warnings.

Suspend the Member's posting privileges.

Suspend the Member's account.

Terminate the Member's account.

Bill the Member for administrative costs and/or reactivation charges.

Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.

REVISIONS TO THIS ACCEPTABLE USE POLICY

PI Tech Solutions reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS

Presque Isle Technology Solutions, Riley Electronic Services, ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of PI Tech Solutions constitutes acceptance and agreement to PI Tech Solutions AUP as well as PI Tech Solutions TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of PI Tech Solutions and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of The Company. Subscriber understands that change to the AUP by The Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Pennsylvania, county of Erie applicable to contracts enforceable in that state. Venue will be Erie County, Pennsylvania.

a) Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition PI Tech Solutions shall have the right to terminate all service set forth in this Agreement.

b) Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that The Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon The Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

c) Payments and Fees:
Establishment of this service is dependent upon receipt by The Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by PI Tech Solutions.

Subscriber acknowledges that their hosting plans/domain registration will automatically renew at same price until you cancel.

Credit cards that are declined for any reason are subject to a $2.00 declination fee.

Service will be interrupted on accounts that reach 14 days past due.

Service interrupted for nonpayment is subject to a $25 reconnect charge.

Accounts not paid by due date are subject to a $1.75 per day late fee.

Accounts that are not collectable by PI Tech Solutions may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" fee of no less than $75 and no more than $175. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

d) Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

e) Third Party Software Products
The Customer can use third party software on his/her account only if it is compatible with The Company�s servers and is approved by the Company. The Customer's use of any third party software is at the Customer's own risk. The Company cannot be responsible for any third party software performance.

Any assistance with third party software is provided by the Company only upon Customer's request. The Company may charge an additional fee for such assistance, depending on the nature of the work required.

f) Backup Policy
The Company acts in good faith to create a backup copy of each Customer's account once a week. However, these copies are intended for the Company�s internal use only. The Customer is solely responsible for making backup copies of their web site and content.

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