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Pacific Online, Inc. Terms of Service (TOS) 
[Acceptable Use Policy]

Parties - This Customer Service Agreement ("Agreement") is made by and between the person and/or organization identified in this Agreement as Customer ("Customer") and Pacific Online, Inc. (hereafter in this agreement, known as "Pacific Online"). The Customer (s) are person (s) and/or organizations that applied for and pay for service given or supplied by Pacific Online.

Service - Any means of identification assigned to you by Pacific Online in order for you to use the service is and will remain the property of Pacific Online. At Pacific Online's sole discretion, this identification may be altered or replaced at any time (these means of identification include, but are not limited to, account user-names and email addresses) except for registered Domain Names paid for by the customer. Pacific Online service to the subscriber is un-metered Internet access. This is not unlimited service. Log-on sessions may be terminated after a period of inactivity. Each subscriber user account is limited to a single log-on session except for special accounts that are designed for multiple log-on sessions. Service may vary due to installation, geographic and other natural or artificial environmental conditions, and conditions generally beyond the control of Pacific Online, including the type and condition of customer's equipment and/or quality and performance of phone company lines and circuits. Pacific Online makes no guarantees as to the continuous availability of the service or any specific feature of the service. Pacific Online reserves the right to change the service at any time with or without notice. Features of the service, which are subject to change including, but not limited to, access procedures, commands, documentation, hours of operation, menu structures, and pricing. Service is subject to interruption or limitation due to factors such as government regulations or limitations, restrictions by Pacific Online, network capacity limitations, installation, repair or modification to the network, limitations of your phone company, limitations of Local Exchange Carriers (LEC), Pacific Online's efforts to combat fraudulent use, and other legitimate business and operation reasons. It is the Customer's responsibility to backup information, web sites, email and any other related digital media stored on Pacific Online servers by the Customer. Pacific Online does not guarantee the integrity of any data stored on Pacific Online equipment.

DSL (Digital Subscriber Line)
Term DSL service through Pacific Online, Inc. is a 1-year (12 month) contract unless a Month to Month plan is signed up for. A credit card must be kept on file and will be used for all applicable charges (Visa, MasterCard or Discover card).

Early Termination Fee For 12 month contracts, if you discontinue DSL service before 12 months an early termination fee of $40 will apply or the balance of normal monthly payments remaining in your 12-month term - which ever is less. There is no early termination fee for month to month DSL accounts.

Equipment  is provided by Pacific Online, Inc to the customer - equipment is mailed directly to address provided where the DSL will be installed. Equipment cannot be picked up at Pacific Online. The equipment includes: One (1) ADSL Modem, Two (2) Filters, and necessary cables. Equipment is $49.95 plus applicable sales tax and $9.95 shipping & handling.

The equipment includes:
ADSL Modem (1)
Filter Package (2)
Necessary cables

An Ethernet card is required to use DSL from Pacific Online and is not included in the DSL Modem kit. Pacific Online, Inc., supplies DSL connectivity to one (1) computer via the ADSL modem. Connectivity for multiple computers requires additional networking hardware, which is not supplied by Pacific Online, Inc. Pacific Online, Inc., does not provide troubleshooting or setup instructions for private networks.

A 4 port router with a built in DSL Modem is also available at $99.95 plus Tax & $9.95 S&H. The $20 Rebate can be used with this modem also.

Modem Warranty - Any modems shipped by Pacific Online are under warrantee for 6 months from the date they were shipped.

Promotional Pricing
All DSL pricing is listed on our DSL page here

FUSF Fee (
Federal Universal Service Fund) is a recovery fee to help cover applicable fees from our data transport supplier in accordance with state and federal telecom regulations. Click here for more information.

Other Taxes All applicable taxes, telecommunications surcharges or other governmental charges are the customer's sole responsibility.

Outages It is the customer's responsibility to notify Pacific Online of any outages or technical problems they may be experiencing. Pacific Online will do everything it can to ensure minimal downtime.

Other It is the responsibility of the customer to maintain a working SBC telephone number in order to maintain a working DSL circuit. Any of the following may cause interruptions in your DSL service *or* trigger an early termination fee: failure to pay your telephone bill, switching your telephone line to another provider, or moving your DSL/telephone line to a different address. DSL service is provided for one computer. However you can hook up more than one computer to your DSL if you use additional hardware such as a router. A router is not included with the standard Modem Kit provided by Pacific Online, Inc. Routers are sold separately. Collection actions taken on overdue accounts will appear on customer's credit rating. Any change to service level or any service disconnection or move voids the introductory rate and pricing immediately reverts to normal.  Also note that data transfer rates may differ depending on several factors such as line quality and length of the DSL loop. Data transfer rates of at least 80% of the minimum published speeds are considered acceptable.

Prohibited Uses - Service is furnished on the condition that there will be no fraudulent use or abuse of service. Any attempt by Customer to abuse or to fraudulently use the service may result in the immediate termination of service. In addition, any uses that violate Federal, State or local laws are strictly prohibited. Specifically, any attempt to illegally or fraudulently gain access, utilize and/or hack another computer, network, gateway, router or other Internet connected technology. The Pacific Online account is strictly for the sole personal or direct business needs of the subscriber. At no time shall a subscriber resell any services to third parties. This includes, but is not limited to, web site hosting, sub-serving, Internet access, email services, file transfers, etc. Pacific Online and it's affiliates provide to business and consumer users several information technology related services, including such services as Internet access, various electronic mail (email) packages and services, world-wide web site hosting arrangements, and other online and Internet related services.

In support of widely accepted Internet protocol, please be aware that the sending of any unsolicited mass email (Spam) by Pacific Online customers is strictly prohibited. In addition to unsolicited mass email, mass postings to USENET (newsgroups) are also prohibited. Due to the current proliferation of Spam on the Internet, Pacific Online does not provide mail relay for non-customer domains. 

Pacific Online considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Pacific Online's terms and conditions of service. Engaging in one or more of these practices will result in termination of the offender's account and/or access to Pacific Online services. In addition, Pacific Online reserves the right, where feasible, to implement technical mechanisms, which block multiple postings as, described above before they are forwarded.

In addition to these activities, Pacific Online's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, including copyrighted material as part of the Digital Millennium Copyright Act (Public Law 105-304), and Pacific Online will respond as appropriate to these or other activities as well. Nothing contained in this policy shall be construed to limit Pacific Online's actions or remedies in any way with respect to any of the foregoing activities. Pacific Online reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Pacific Online service, and levying cancellation charges to cover Pacific Online's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Pacific Online reserves at all times all rights and remedies available to it with respect to such activities at law or equity.

It is the customer's responsibility to be aware of any telephone company charges resulting from the use of a specific access numbers. It is suggested the customer verify that the ten (10) -digit telephone numbers are a local (no-charge or no-toll), call from their computer phone line to avoid any such charges. The telephone number is at all times the property of Pacific Online, and Customer has no interest in, or claim of right to, the telephone number. Pacific Online reserves the right to deny access upon ten (10) days prior notice. In the event of suspected fraud, no notice is required to deny access to the network.

Rates & Charges - Pacific Online will charge Customer the rates for service that are specifically set forth in the Pacific Online's price and services information. Customer's initial date of service is used to calculate Customer's renewal dates. Events such as changes to the type of account or billing frequency may alter the renewal date for the Customer. Customer may cancel service at any time unless in contract. Customer will be charged a termination fee if Customer is disconnected due to any misuse or abuse of the service by the Customer. Pacific Online shall refund Customer for any unused, whole 30-day increment (s) remaining in the paid service plan. (DSL EXCLUDED) I.e. For quarterly billing, Customer cancels after 21 days of service, Customer shall be refunded for two (2) whole months of unused service. No pro-ration of unused days shall be calculated. For 56k Dialup Access, Pacific Online offers a full money-back guarantee within the first fourteen (14) days of service commencing from the date of activation and not date of first use (DSL EXCLUDED). The activation (or setup) fees are not refundable after the 14-day period.

Website Hosting accounts that are canceled because of non payment and resign up within 60 days of their cancellation will be charged $35 setup.

Domain Registration Renewals
If we register or renew a domain for you (Ie, .com, .org, .net, etc), you must agree to the following:


Domain Registration/Renewal Terms

http://www.pon.net/service/domaincontract.htm
 
ICANN Policy:
http://www.icann.org/dndr/udrp/policy.htm

Payment for Services - Customer shall be billed on a quarterly basis in advance, unless otherwise specified. Customer shall pay Pacific Online for all rates and charges as set forth by this Agreement, and any other charges incurred in connection with this access account. Payment will be deemed made when received by Pacific Online, unless payment is by means of a check that is later dishonored. Customers whose account is up for renewal during the month shall be billed at that time. Customers who have authorized automatic bankcard, debit card or electronic funds transfers (EFT) shall be processed for payment at the time of the billing cycle. Invoices shall be emailed via Pacific Online or mailed via the U.S. Postal Service, at a cost of $1.00 per billing cycle per Postal mailed invoice, for all customers not on automatic payment plans. Customer will be charged a storage fee and/or megabyte transfer fee for excess storage/transfer requirements of Customer's account. Customer's account may be temporarily disabled or permanently deactivated for late payment without notice. If Customer fails to pay the bill in full by the due date set forth on the bill, Customer may be subject a late payment fee and/or re-activation fee. If any collection action is taken, Customer agrees to reimburse Pacific Online for reasonable attorneys' fees, court costs, and any other costs and fees, including collection agency fees (up to 50% of the balance due), undertaken to collect past-due bills and/or termination fees. Customer must give Pacific Online notice of any disputes regarding charges appearing on Customer's bill within 120 days of the date of the disputed bill, either in writing or by calling Pacific Online customer services, or otherwise the charges will be deemed to be correct.

Default - The Customer is in default under this Agreement if: (a) Customer fails to pay in accordance with due date on each bill; (b) Customer cancels service prior to the end of the term of this Agreement; (c) Customer's service is stopped for nonpayment; (d) Customer fails to comply with any other provision of this Agreement; (e) Customer engages in any activity that constitutes illegal or unauthorized use of the service; or (f) Customer uses the service in such a manner that it interferes with or adversely affects Pacific Online's service to any other Customer. In the event of default by Customer, Pacific Online may disconnect the service provided by Pacific Online. If Customer is disconnected, Customer may be required to pay a service deposit or reconnection fee to reconnect service.

Limitation of Liability - Pacific Online shall not be liable to Customer for interruptions of service, loss of data, omissions or errors of third parties, equipment failures, acts of God, strikes, government actions, or other causes beyond Pacific Online's reasonable control. Pacific Online shall not be liable if changes in operations, procedures, or services require modification or alteration of Customer's equipment or render Customer's equipment obsolete. There shall be no reductions, set-offs, or credits against the charges for service downtime or interruption of service. Pacific Online shall give no credit for circumstances caused by negligence or intentional acts or willful misconduct of Customer. In no event shall Pacific Online be liable to customer for incidental, consequential, or punitive damages, including, but not limited to, lost profits, loss of use, or loss of business opportunity. Pacific Online shall not be liable for injury to customer, other persons, or property damage through the use of any equipment or service provided under this Agreement. Customer agrees to indemnify and hold harmless Pacific Online from any claims resulting from customers’ use of the service, which causes direct or indirect damage to the account holder or any other party. Customer agrees to indemnify and hold harmless Pacific Online from any and all lawsuits, judgments, decrees, costs and expenses, any attorney fees arising from the subscribers’ use of the services provided by Pacific Online. Customer agrees to reimburse Pacific Online for any and all costs and reasonable attorneys' fees incurred by Pacific Online in defending any claims relating to Customer's misuse or service.

Monitoring of Transactions - For the purpose of routine maintenance and to ensure system integrity, Pacific Online reserves the right to monitor and review transactions and data handled over Pacific Online's equipment and networks. Pacific Online may immediately terminate the service should Pacific Online detect any abuse or fraudulent use of the service by a customer.

Transfer of Agreement, Assignment - Customer may not transfer or assign this Agreement either in whole or in part, unless so authorized in writing by Pacific Online. Pacific Online may assign this Agreement and all of its rights and duties under this Agreement.

Notices - Pacific Online will send written notices to Customer at Customer's last known address and/or their Pacific Online email account address.

Non-Waiver - Failure of either party to this Agreement to enforce any right shall not constitute a waiver of such right or of any other right, whether of a similar or dissimilar nature, and shall not prohibit the exercise of the same right at a future date.

No Warranties Provided by Pacific Online, Inc. - Except for certain products and services specifically identified as being offered by Pacific Online, neither Pacific Online nor any of its affiliates, controls any information, products or services on the Internet. Except for such Pacific Online-identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with Pacific Online or its affiliates. Customer assumes total responsibility and risk for use of the service and the Internet by customer or authorized users on customer's account. Neither Pacific Online nor its affiliates make any express or implied warranties, representations, or endorsements including, but not limited to, warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, information or service provided through any Pacific Online service or through the Internet generally. Neither Pacific Online nor its affiliates shall be liable for any costs or damage arising directly or indirectly from any such transaction. It is solely the customer's responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of all merchandise provided through the service or on the Internet generally. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to customer or others accessing the service through customer's account. Customer may access such materials and permit others to access such materials through customer's account at customer's own risk. Pacific Online has no control over and accepts no responsibility for such materials. The service is provided on an as-is and as-available basis without warranties of any kind, either express or implied, including but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Pacific Online, its affiliates, or its contractors and their respective employees shall create a warranty. Neither Pacific Online nor its affiliates warrants that the service will be uninterrupted or error-free or that any information, software, or other material accessible on the service is free of viruses, worms, Trojan horses, or other harmful components. Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by the customer. Should the Software prove defective, you and not Pacific Online assume the entire cost of any service and repair.

Entire Agreement - The terms and conditions set forth in this Agreement represent the entire Agreement between the parties with respect to service, and this Agreement supersedes any prior or contemporaneous representations of sales representatives or other personnel of Pacific Online whether oral or written. No change to the terms or conditions of this Agreement has been authorized, and no such change will be valid or enforceable unless confirmed in writing by an officer of Pacific Online.  
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Last Updated:
03/06/17 11:12 PM
 
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