Terms of Service

PDXHosting Terms of Service

We have provided the below for your ease - the complete Terms of Service/Usage Policy and Privacy Policy must be agreed to prior to purchase:

PDXHosting does not allow pornographic material. PDXHosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time. PDXHosting reserves the right to terminate your account at any time without a refund. Reasons for termination include (but are not limited to)

Abuse of the machines - either intentional or due to improper coding Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking"/"cracking"/"key generators", copyrighted audio or video files without written consent from the legal copyright owner. Additionally, PDXHosting reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature. Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting sites, use of torrent software, proxies, excessive resource usage or 'core dumping'. Any attempts to circumvent any of our security policies, procedures or systems.

Terms of Service/Usage Policy PDXHosting. Acceptable Use Policy described below defines the actions which PDX considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP's) and their users on behalf of PDX to advertise any service hosted by PDX or connected via the PDX Network. As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, PDXHosting will be referred as PDX and companies or individual account owners using our services as CUSTOMERS.

PDX Acceptable Use Policy has been formulated with the following goals in mind:

Ensure security, reliability and privacy of PDX systems and network, and the networks and systems of others.

Avoid situations that may cause PDX to incur civil liability.

Maintain the image and reputation of PDX as a responsible organization.

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

Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.

Preserve the privacy and security of individual users.

The Acceptable Use Policy below defines the actions which PDX considers to be abusive, and thus, strictly prohibited.

The examples named in this list are non-exclusive, and are provided solely for guidance to PDX customers. If you are unsure whether any contemplated use or action is permitted, please send mail to us and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by PDX, or connected via the PDX network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement. Network Security

Customers may not use PDX's network as to 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 the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.

Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mailbombing, or other deliberate attempts to overload or crash a host or network.

Customers will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the customer's risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer's responsibility to solve. If the malignity of the problem is deemed by PDXHosting to not warrant such drastic action, the customer will be contacted via the ticketing system to correct the problem himself. Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their PDXHosting servers being shut down.

If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.

Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.

PDX 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. Users who violate systems or network security may incur criminal or civil liability. PDXHosting reserves the right to charge up to $500 per complaint to investigate.

Mandatory Security Updates From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.

The security notification will be sent via our customer subscribed mailing list, with a subject line of "Mandatory Security Update". It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all " Mandatory Security Update" within 24 hours from their release.

To ensure the security of the clients' servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, PDXHosting reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer's account at the applicable hourly support rate without further notice or customer approval.

Customer Spamming Policy PDXHosting has zero tolerance for spam originating from our customers, or from our customers' customers, or for spam advertising web sites of our customers or our customers' customers.

The Policy You refers to the PDXHosting Customer; we refers to PDXHosting.

PDXHosting has the right to charge $500 per complaint to investigate.

PDXHosting does not deal with your customers or their customers etc.; We hold our customers responsible for dealing with spam from or about their section of the network. PDXHosting customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. PDXHosting's customers will be held responsible for all traffic either sent via their connection to PDXHosting or sent elsewhere using support services provided via their connection to PDXHosting. "Support services" includes DNS, hosting websites, electronic mailboxes, IRC servers, sale of spamming software or other similar services. Customers are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE.

If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from your network, but also that advertises sites hosted on your network.

If we get repeat complaints and it is clear that the problem has not been resolved, we may blackhole the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.

We reserve the right, to drop the section of IP space involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

What does this mean to me?

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

You must educate your customers about spam so that it does not become a problem for you, or for us. If you sell accounts on your system(s), you must provide an Acceptable Use Policy (AUP) at least as restrictive as our own.

You must promptly investigate and deal with any spam or other abuse complaints forwarded to you.

If your server hosts any mailing lists, they must all be true opt-in lists, which means that, before sending any commercial email, a confirmation email, preferably with a tracking number, is sent to the new subscriber, to which they must respond. If they do not respond to the confirmation email, they must not be considered to have opted in. You should keep these confirmations on file or in a database so that when complaints come in, you can prove the subscriber actually opted in. You must in addition provide at least one easy way to opt-out: see the MAPS guidelines for details.

Why this Policy? We at PDXHosting feel strongly that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the mailboxes and newsgroups of both casual and heavy Internet users. If you host web sites, you must be particularly vigilant, as you and your other customers could be disconnected from the Internet due to one customer's spamming.

General Conduct

Customers are prohibited from transmitting on or through any of PDX's services, any material that is, in PDX's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

PDX's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. PDX's reserves the right to remove such illegal material from its servers.

The customer is responsible for keeping his billing data with PDX up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

The resale of PDX's products and services is not permitted, unless specifically permitted and documented in a written agreement.

Important IP Disclosure: PDXHosting may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of PDXHosting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by PDXHosting to customer or users is expressively prohibited and will incur a penalty fee.This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer.

Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.

To insure the quality of service of our shared hosting clients, PDXHosting reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate stated 'business class hardware'.

Payment:

The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.

ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE PDX HOSTING, INC TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

This Agreement may be terminated:

by giving PDX HOSTING, INC. thirty (30) days prior written notice, by PDX HOSTING, INC. in the event of nonpayment by Customer, by PDX HOSTING, INC., at any time, without notice, if, in PDX HOSTING, INC.'s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in PDX HOSTING, INC.'s sole and absolute discretion and/or judgment, could disrupt, PDX HOSTING, INC.'s business operations.

Cancellation: PDX reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by PDX to customer if PDX initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client's breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be cancelled at any time effective the end of the contract.

Notifications of cancellation must be made 30 days prior to successive rebill period. PDXHosting reserves the right to deny, forfeit, or refuse refunds at any time if necessary. Third party cancellations are not accepted.

Upon termination, either by PDXHosting or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) immediately. Customer further agrees to pay PDXHosting all reasonable administrative costs if PDXHosting must intervene in deregistering the hosts.

Disclaimer PDX is not responsible for any damages your business may suffer.

PDX does not make implied or written warranties for any of our services.

PDX denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PDX.

The Customer will not use its network nor space provided by PDX to violate any law. In the event Customer violates existing law, PDX shall have the right to terminate all service set forth in this Agreement. In the event PDX is informed by government authorities of inappropriate or illegal use of PDX facilities or other networks accessed through PDX, PDX may terminate customer's service.

PDX will cooperate fully with investigations of violation of systems or network security at other sites.

PDX will cooperate with law enforcement authorities in the investigation of possible criminal violations.

Customers who violate systems and/or network security, may incur in criminal or civil liability.

PDX reserves the right to amend its policies at any time. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

If you have any questions concerning the above stated terms and conditions then please contact us.