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Acceptable Use Policy

 

Acceptable Use Policy

Use and Misuse of the Services

All complaints of abuse, violation and misuse of the Services, whether described in this section or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first.

You are responsible for all use of your website, with or without your knowledge or consent.  You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to: Drug dealing; Attempting without authorization to access a computer system; Pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); Gambling; Schemes to defraud; Trafficking in obscene material; Sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; Threatening bodily harm or damage to individuals or groups; Violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

When PJMCo.ca becomes aware of possible violations of this Agreement, PJMCo.ca may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on PJMCo.ca’s servers. PJMCo.ca, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD PJMCo.ca HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY PJMCo.ca AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM PJMCo.ca AS A RESULT OF PJMCo.ca’s DECISION TO: REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PJMCo.ca CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

Use and Misuse of Materials

Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also redistribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.

You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of PJMCo.ca’s servers. You may not post, upload or otherwise distribute copyrighted material on PJMCo.ca’s servers without the consent of the copyright holder.

Unacceptable uses of Website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; Attempts to circumvent any user authentication or security of host, network, or account; Accessing data not intended for user; probing the security of any network; Spawning dozens of processes; Port scans, ping floods, packet spoofing, and forging router information; Denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; Promulgation of viruses; and IRC Bots, such as eggdrop or BitchX.

PJMCo.ca supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your Website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, PJMCo.ca will not substitute itself for a court of law in deciding tort claims raised by the third party.

E-mail Use

Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: Spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); Spoofing (using a return E-mail address that is not the valid reply address of the sender or sending an E-mail message that does not contain enough information to enable the recipient to identify you); Passive spamming (promoting a Website hosted by PJMCo.ca by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); Mail bombing (inundating a user with E-mail without any serious intent to correspond or sending large or multiple files to a user); Generating a higher volume of incoming and outgoing mail than a normal user (over 10% of available system resources); Propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an E-mail address available to the public does not constitute a request to receive messages. Distribution of mass e-mailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited E-mail. If you are repeatedly mail bombed or attract such behavior, the Services will be terminated.

You should not send E-mail to any user who does not wish to receive it, either at PJMCo.ca or elsewhere. PJMCo.ca recognizes that E-mail is an informal medium; however, you must refrain from sending further E-mail to a user after receiving a request to stop.

You may not alter the headers of E-mail messages to disguise their identity or to prevent users from responding to the messages. PJMCo.ca may disclose the usernames of accounts responsible for forged E-mail messages to system administrators or users requesting the information.

You should not leave your e-mail messages on our servers permanently.  Your E-mail messages are meant to be downloaded to your computer using an e-mail client such as Outlook Express from time to time to relieve our e-mail disk space partition.

Violations of the PJMCo.ca policies outlined herein can sometimes result in massive numbers of E-mail responses. If you receive so much E-mail that PJMCo.ca resources are affected, PJMCo.ca’s staff may shut down your mailbox.

FTP Use

FTP unacceptable activities include, but are not limited to, the following;
Giving away your FTP account Login info to anyone to download, upload and transfer files is prohibited.

Violations of the PJMCo.ca FTP Use Policies outlined herein can result a total shut down of your hosting account without notice.

Mailing List Management Principles for Preventing Abuse:

Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.

Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.

Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.

Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.

Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.

Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.

Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

System Security

You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at PJMCo.ca or at any other site. Use or distribution of tools designed for compromising security or containing viruses or Trojans is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, PJMCo.ca reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. PJMCo.ca will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

System Resources

System abuse includes any use of PJMCo.ca’s resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of PJMCo.ca’s system resources is an undue burden on PJMCo.ca’s system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

Further, running programs in the background on a PJMCo.ca server without PJMCo.ca’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC Bots, provide remotely hosted scripts or banners, mailing lists that send more then 1,000 E-mails a month are not acceptable uses of PJMCo.ca’s servers.

Banned Scripts & Programs

We have banned a few scripts and programs from our shared-server environment to help sustain the highest level of service possible. The following scripts and programs are known to cause a slow down in services and are commonly known as "server hogs". This is because they require a high amount of server resources to run.

The following scripts have a high risk of causing a breach in our Terms of Service Agreement, Section 6.6., which will result in having your scripts or programs disabled, or your virtual hosting account suspended or possibly terminated without notice.

a) All Types of Chat Room Scripts and Programs other than the one provide in Plesk Application Vault.

b) The following Bulletin Board Systems/Forums:
- UBB - Ultimate Bulletin Board provided by Infopop Corporation.
- YABB - Yet Another Bulletin Board provided by Xnull Network.
- IkonBoard - Jarvis Entertainment Group, Inc. 

c) The following CGI, PHP and Perl Script are BANNED:

- Any CGI/PHP shell scripts.

- Any version of BFormMail by Brian Sietz - The Byte Shop - Small Business Solutions for Internet Web Development

- Any version of Matt's FormMail and that includes the version 1.92.

- Any version of NMS FormMail below version 3.05c1.

- Any Jack’s FormMail version.  

Form Mail Solution for you:
A group of coders have recoded Matt's FormMail.pl and made it completely secure. It is called NMS:
http://nms-cgi.sourceforge.net/scripts.shtml

Always download the latest version of these scripts as they contain the latest security patches.

The easiest way to ensure that spambot don’t find your mail script is to rename them...If you renamed a formmail.php to agdWurenfGG245GGSH97.php we can assure that you could run the most insanely insecure script on the net and never cause a problem. Updating script can be a chore but if you rename your formmail to something obscure you can give yourself some breathing space.  Script names to avoid are anything containing “mail”, “send”, “form”, “contact”, etc.

Other scripts not BANNED

You are allowed to install any scripts that are not banned on our servers. But if you install scripts, IT IS YOUR RESPONSIBILITY, to keep it updated, patched and upgraded at ALL TIMES. Failing to comply to this rule may have a high risk of causing a breach in our Terms of Service Agreement, Section 5.6., which will result in having your scripts or programs disabled, or your virtual hosting account suspended or possibly terminated without notice.

IMPORTANT NOTE

This Acceptable Use Policy Agreement constitutes the entire Agreement between you and PJMCo.ca with respect to the Acceptable Use of the Service.

You, the user, are required to read this section of our website. It is your duty to read, and agree to our Privacy Policy, Terms of Service, Spam Policy.  Please check these documents periodically for changes and updates made by PJMCo.ca.

Any and all violations of any of the policies listed above will be pursued through legal action.

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