The following apply to all customers:

 

Lawful Purpose

 

Our products, and services provided by you using our products, may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this AUP, or our Terms of Service (TOS) is prohibited. You may not use our products to directly facilitate the violation of any particular law or regulation.

 

We expect you to use good business judgment in your conduct. The following list is designed to help guide you in determining if Peak is a suitable service provider for you. It is meant to provide you with examples of activities that may fall within this paragraph, and does not represent all unlawful uses of our products by you or End Users:

 

• instructing others in prohibited activities;
• forging, misrepresenting, omitting or deleting message headers, return mailing information, internet protocol addresses to conceal or misidentify the origin of a message;
• excessive cross posting or multiple posting of the same or similar messages to one or more news groups;
• creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
• hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
• soliciting the performance of any illegal activity, even if the activity itself is not performed; and/or
• acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.

 

SPAM

 

We have a zero tolerance approach to SPAM. This zero tolerance policy extends both to your using our products to disseminate SPAM, and the use of our products to send SPAM to our customers. It is important for you to know that Spamming, and allegations of Spamming, have wide reaching effects on our network, and our ability to do business. Consequently, you may not be provided with advance notice that we have received information alleging that you are engaged in Spamming activities, and your account is to be suspended.

 

Customers who violate this policy will have their accounts suspended. We consider SPAM to be the sending or receipt of 500 or more email messages at one time. However, we reserve the right to determine, in our sole and absolute discretion, what constitutes SPAM. We also prohibit you, or End Users, from relaying email. In addition, should your use of our products cause us to be “blacklisted,” your account may be suspended.

 

We allow customers to engage in email marketing that complies with the “CAN-SPAM” act. Customers who plan to engage in email marketing are strongly encouraged to familiarize themselves with this act to avoid inadvertent allegations that they are engaged in Spamming. Please note, that we may suspend or terminate your account based on this Spam policy even if your activity is allowed under CAN-SPAM, if, in our sole and exclusive judgment, your activities compromise our overall business interests. For more information on the “CAN-SPAM ACT” visit https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

 

You may not use our services or products to host a site that is advertised in SPAM.

 

Copyright Infringement

 

We are registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). If your site has been copied by our customer, or an End User, in a way that falls within the terms of the DMCA, you must provide us with proper notice of such an infringement. The DMCA contains very specific guidelines of what your notice must contain. These guidelines are available here: http://www.copyright.gov/title17/92chap5.html#512. Accordingly, we are not required to respond to notices that do not fall within these provisions. In addition, we will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

 

Our designated agent for receipt of notices pursuant to the DMCA is:

 

R. Petersen
Copyright Agent
Peak Internet
PO Box 1150
Philomath, OR 97370

Facsimile: 541-738-4950
email: dmca-notice@peakinternet.com

 

Violations of Rights, Other than Copyright

 

When you place information on the Internet, or use it to transmit information, you have the same liability for intellectual property violations as other authors or creators of information. You and End Users may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, copyrights, trademarks, service marks, trade secrets, software piracy and patents. You and End Users may not use our products to defame, harass, abuse or threaten third parties. Complaints about such activity by our customers or End Users may be directed to abuse@peakinternet.com.

 

Child Pornography, Child Erotica and Bestiality

 

We take a zero-tolerance approach to using our products to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality. We take an active role in cooperating with law enforcement in their efforts to prosecute violations of statutes restricting child pornography and bestiality. We also terminate the accounts of customers who are themselves, or whose End Users are, using our products to disseminate or display child erotica regardless of its literary merit.

 

We are required by law to report the use of our products to disseminate or display child pornography and bestiality. You or End Users will not be notified that we have reported the use of our products in this manner, nor that we may be cooperating with law enforcement. Further information about child pornography may be found at www.ncmec.org.

 

Complaints about activity in violation of this policy by customers or End Users may be directed to abuse@peakinternet.com.

 

U.S. Export Laws

 

Your, and an End User’s, use of our products is governed by U.S. export control laws. These laws apply regardless of whether you, or an End User, actually reside in the United States. You may not use our products to engage in a violation of these laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export. You may not use our products to provide products to End Users with whom U.S. citizens may not do business. More information about U.S. export laws may be found at: http://www.export.gov/exportcontrols.html

 

Privacy

 

Our privacy policy may be found on our website; www.peakinternet.com. While we are concerned with the privacy of on-line communications, and websites, the Internet is no more secure than other means of communication. You, and End Users, should assume that all on-line communications are insecure. We are not responsible for the security of any information transmitted over our network unless we have expressly agreed to assume that obligation. Such an agreement must be in writing and signed by an officer of Peak.

 

Entities who provide products to us may have privacy policies that differ from ours. We will be happy to provide you with the names of those businesses who provide products through us to you, and links to their privacy policies, on your request.

 

IP Addresses

 

We administer the network on which our products are provided. You cannot use IP addresses which were not assigned to you by us. If it is determined that you are using IPs which were not officially assigned by us, you will be suspended from network access until such time as the IP address overlap can be corrected. We own the IP numbers and addresses that may be assigned to you by us. These addresses may not be assigned or transferred, and are recycled by us on termination of your use of the products. We may, in our sole discretion, change these addresses.

 

Suspension and/or Termination of products, and Credits.

 

Your failure to abide by any of the items set out in this AUP is grounds for suspension or termination of the products provided by us. We may do the same should this AUP be violated by an End User. Any termination or suspension may be undertaken with, or without, notice to you or an End User.

 

We do not issue credits for outages incurred as a result of our decision to suspend or terminate service for a violation of this AUP. You agree to hold us harmless from any claims that a suspension or termination of products for this reason has damaged an End User.

 

Monitoring products, Cooperation with Law Enforcement and Legal Documents.

 

You are solely responsible for ensuring that materials disseminated or posted using our products comply with this AUP and relevant laws. We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Because of this, we cannot accept any responsibility from customers, End Users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions.

 

We take no responsibility for customer or End User content or activities. We may, at our sole discretion, take any action we deem necessary to ensure that customers or End Users comply with this AUP and the law. We may disclose information, including information that you or End Users may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. We assume no obligation to inform you or an End User that information has been so provided, and in some cases may be prohibited by law from giving such notice. We may also disclose such information when it is necessary for us to protect our business, or others, from harm.

 

On occasion, we may have a need to communicate with you by email about issues related to billing, service changes, additions and modifications to the network. It is your responsibility to provide a working, monitored, email address to us.

 

It is your responsibility to contact us with any changes to your account or contact information. We have no responsibility for communications that are misdirected as a result of your failure to provide us with updated contact information.

 

Security

 

The Internet is no more or less secure than any other method of communication. You are solely responsible for ensuring that your data is secure, that confidential information remains confidential, and that you do not expose your business to risks you are not prepared to assume. We reserve the right to take immediate action to suspend or terminate your account if, in our sole and exclusive discretion, you or an End User is engaging in activities that jeopardize our security, the security of other customers, or of the Internet in general. You may not be provided with advance notice that we are taking such action.

 

We make tools available to you that are designed to make your use of the Internet more secure. These tools are provided on an AS-IS basis and are used at your own risk. You are encouraged to evaluate other methods of making your Internet transactions more secure.

 

The following apply to all customers with shared accounts:

 

Shared accounts cannot be transferred or used by anyone other than you. You may not sell, lease or assign the connection or parts of the connection to any party not named in our records. You may allow ftp access and host websites for your customers without violating this AUP.

 

You, the end-user, are responsible for keeping up-to-date backups of your website. If the website is lost due to unforeseen problems such as failed updates or malicious access, PEAK cannot guarantee that backups of the site exist. If backups do exist, fees may apply for any restoration work.

 

CMS updates and relevant website updates are the sole responsibility of the customer to maintain and install when necessary. If PEAK determines that a website has vulnerabilities that pose a security risk to our network we have the right to suspend any site until the customer is able to remediate these issues. Suspension of the site may affect email services, which can result in the inability to send or receive messages, or suffer lost email for the duration of the suspension. Depending on the severity of the risk, you may not be provided with advance notice that we are taking such action.

 

In instances in which an excessive amount of system resources are utilized by you, we reserve the right to place CPU process limits on your account to prevent the disruption of other customers. We are the sole arbiter of what is considered to be high server usage.

 

The following apply to all Dedicated and Colocation accounts:

You are solely responsible for any breaches of security affecting servers under your control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, you are solely responsible for the cost to rectify any damage done to your server and any other requirement affected by the security breach.

 

You may not engage in activities designed to monitor Internet traffic other than your own. This means, that you may not monitor our Internet traffic, nor the Internet traffic of any other entity.

 

Colocation customers are bound by our colocation rules and regulations. Colocation customers were provided a copy of these rules and regulations with their colocation contract. Additional copies will be provided on request.

 

Internet Access is provided on a single user basis, unless you contract with us separately. You may not resell Internet connection products you purchase from us. Nor may you make such an Internet connection available to the general public. We provide specific terms and conditions for entities who are interested in developing a public or private Internet connection whether such a connection is fixed line or wireless. If you have not entered into such an agreement with us, you are prohibited from using an Internet connection to do so.

 

For dial-up connections, user names are restricted to one dial-in connection at a time. You may not use our dial-up products for multiple concurrent dial-in sessions. This product is not designed for continuous connection. You may only use the dial-up product while you are actually transacting business on the Internet. We reserve the right to terminate your dial-up connection if we determine that you have exceeded the amount of connection time typically associated with customers similar to you.