These Terms and Conditions apply to every individual or entity subscribing to, and/or using, an account provided to you by PCH Data Services, LLC ("PCH Data Services, LLC"). Your use of a PCH Data Services, LLC account constitutes acceptance of these Terms and Conditions and you acknowledge that you have read and understand them. As a PCH Data Services, LLC customer, you agree to comply with the rules, standards and guidelines set out in these Terms and Conditions, and you acknowledge that PCH Data Services, LLC has the right to enforce these Terms and Conditions, in its sole discretion. This means that if you or anyone using your member privileges violates any provision of these Terms and Conditions, PCH Data Services, LLC may take all appropriate action including termination of your account privileges without notice. Prospective customers who cannot or otherwise believe that they may not comply with these terms should not purchase services from PCH Data Services, LLC. Current customers who cannot or choose not to comply should deactivate their service. Termination fees may apply.

PCH Data Services, LLC reserves the right to modify these Terms and Conditions at any time without notice. Your continued use of an PCH Data Services, LLC account constitutes acceptance of the then-current Terms and Conditions in place as posted on this website. These terms and conditions supersede all previous terms and conditions, representations, understandings or agreements, whether verbal or written between you and PCH Data Services, LLC. No other terms and conditions, representations, understandings or agreements shall be in effect with regard to a PCH Data Services, LLC account unless specifically adopted in a written agreement between you and PCH Data Services, LLC.

ACCEPTABLE USE POLICY

1. Appropriate Use

General

PCH Data Services, LLC encourages you to participate in the online world to express your views and benefit from the interactive experience. However, it is important to remember that there are rules of conduct that you must abide by as a PCH Data Services, LLC customer. You are solely responsible for your conduct while using your PCH Data Services, LLC account, as well as the conduct of anyone else using your account. This includes the content of all email messages generated or forwarded, and all content in any folders, home pages or other transmissions, information, images or other interactions you generate, transmit or maintain on or through PCH Data Services, LLC.  PCH Data Services, LLC reserves the right to delete, move or edit any such item that PCH Data Services, LLC, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material PCH Data Services, LLC believes may cause any liability for it or which may cause PCH Data Services, LLC to lose the services of any supplier, including but not limited to any carriers which may provide services to PCH Data Services, LLC or its Customers. 

Use for Lawful Purposes
No P2P File transfer Programs. These include but are not limited to Kazza, Kazza lite, Gnutilla Networks both 1 and 2, E-Donkey, Bit-torrent, Lime Wire, and any other similar program which is widely used for copyright infringement. Persons found to violate this rule shall be kicked from the network or given a warning at PCH Data Services, LLC sole discretion.  PCH Data Services, LLC reserves the right to actively block the use of these and any similar programs by any means deemed suitable by PCH Data Services, LLC.

You may only use PCH Data Services, LLC products and services for lawful purposes. The laws that apply in the offline world must be obeyed on-line as well. Posting, transmitting, promoting, distributing or storing Content in violation of any applicable law or regulation is prohibited. "Content" means the text, software, communications, images, sounds, and all other information and materials you encounter or generate on-line on the Internet, including material protected by copyright, trademark, trade secret or other intellectual property rights, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.  Conduct in the PCH Data Services, LLC space should conform to the requirements of the law, respect for the rights of other users of PCH Data Services, LLC, and current standards for communicating online. This includes following the rules of any Internet service provider, any other online services, and all applicable state, local and federal laws (including foreign or international law where appropriate).

Some examples of prohibited illegal conduct are:

  • Posting obscene content (including child or adult pornography);
  • Planning illegal activity, such as building a bomb or counterfeiting money;
  • Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia;
  • Pretending to be anyone you are not -- you may not impersonate another person (including celebrities), another PCH Data Services, LLC customer, a PCH Data Services, LLC employee, or a civic or government leader;
  • Using false statements to get, or to attempt to get, account information or other private information from other PCH Data Services, LLC Customers or other Internet users;
  • Engaging in copyright infringement or other intellectual property infringement; and
  • Activity which in any way interferes with any person, entity or computer system accessible via the Internet regardless of whether the interference is in violation of Federal, state or local law, including unauthorized attempts to access or use the data or resources of another person, entity, host or network, including any attempt to probe another person, entity, host or network, or to breach the security of a system belonging to another person, entity, host or network; or interference with any person, entity, host or network, including, but not limited to, mail-bombing, flooding, or any other deliberate attempt to adversely impact another person, entity, host or network.

PCH Data Services, LLC shall cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If PCH Data Services, LLC decides to investigate or resolve possible misuse involving you or anything you do on your PCH Data Services, LLC account, PCH Data Services, LLC is entitled to disclose any information about you and anything you do with your service to law enforcement or other government officials as PCH Data Services, LLC in its sole discretion believes to be necessary or appropriate. 

Objectionable Conduct and Content
PCH Data Services, LLC reserves the right to remove content, without notice, if we become aware of content in any PCH Data Services, LLC area which, in our judgment, would be distasteful, shocking or threatening to another user. PCH Data Services, LLC reserves the right, in its sole discretion, to make the final determination about whether content is objectionable or not.  A general guideline is to ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. Some examples of objectionable conduct and content are:

  • Harassing, threatening, or embarrassing another PCH Data Services, LLC Customer, owner, employee's, or other Internet user;
  • Stalking another PCH Data Services, LLC Customer's, employee's, owner, or other Internet user ("cyberstalking");
  • Transmitting or facilitating distribution of content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable;
  • If you are an adult, requesting personal or other information from a minor (any person under the age of 18) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor's school, church, athletic team or friends; and
  • Posting content that defames, abuses or threatens physical harm to others or yourself.

System and Network Security
Violations of system and network security are prohibited, and may result in criminal and civil liability. PCH Data Services, LLC will investigate incidents involving such violations and may involve and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network;
  • Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Falsifying your user identity or providing other false information to PCH Data Services, LLC or to other users of the Services in connection with your use of your PCH Data Services, LLC account or any feature of that account;
  • Posting viruses or software designed to create a virus or to do harm to PCH Data Services, LLC’ Services, any PCH Data Services, LLC Customers or users of PCH Data Services, LLC Services, or any network components;
  • Taking any other action to disrupt the normal use of PCH Data Services, LLC’ Services or the Internet by other users;
  • Use of software that allows your account to stay logged on while you are not actively using the account, except for those accounts specifically designed to provide these kinds of connections;

2. Limitations and Restrictions

Availability
PCH Data Services, LLC service availability to you is subject to varying network conditions. The service may be temporarily refused, limited, interrupted or curtailed due to governmental regulations or orders, system capacity limitations, equipment modifications, upgrades, relocations repairs or other activities within or beyond our control. PCH Data Services, LLC reserves the right to provide offers in selected markets with limited features based on equipment availability or limitations. PCH Data Services, LLC reserves the right to provide offers in selected markets with limited features based on equipment availability or limitations. 


Newsgroup and Bulletin Board Posting
You may access newsgroups (also referred to as Usenet) and other online bulletin boards through PCH Data Services, LLC. PCH Data Services, LLC has no control over what others on the Internet might post to the many newsgroups and bulletin boards available on the Internet. However, PCH Data Services, LLC does impose restrictions on what you may post through the use of your PCH Data Services, LLC account. Use of an PCH Data Services, LLC account to post to a newsgroup or bulletin board in violation of the rules of that newsgroup, if any, is prohibited. Incidents of violation that are brought to the attention of PCH Data Services, LLC via complaints by newsgroup or bulletin board moderators or other Internet users is a violation of these Terms and Conditions. 

3. Customer Responsibilities

Termination of an Account


You acknowledge that your use of a PCH Data Services, LLC account shall not be deemed to convey any property interest in the resources of PCH Data Services, LLC, in the login name(s), the email address(s), or any other element of an PCH Data Services, LLC account. PCH Data Services, LLC may at its discretion terminate your account at any time, with or without cause, and may thereafter re-issue the login name(s), email address(s) and any other element the account, and may do so in whatever fashion it deems best. Likewise, you may terminate your account at any time, with or without cause, and in so doing gives up all right to use of the login name(s), email address(s) and/or every other element of the account; termination charges, however, may apply. At time of termination all files are removed for PCH Data Services, LLC server(s). In addition, certain bundled pricing of PCH Data Services, LLC services and other services provided by PCH Data Services, LLC may not be available in the event you terminate your PCH Data Services, LLC service. When date of contract expires or month to month customers, this agreement automatically renews, Unless we are given written notice within 90 days via US Mail. In other words you are free to terminate your account but you must give 90 day notice. If no notice is given you will be charged for 90 days of service. Customer agrees to pay all remaining months in full in the event of early termination.

DNS Server(s)

You acknowledge that transferring of domain name(s) from our DNS server(s) our systems will terminate your account(s) with or without notice. In the event you wish to move your domain name(s) to a different DNS server(s) notice and confirmation is required from our Network Operation Center (NOC).


Usage Review


PCH Data Services, LLC manages its network for the benefit of all users. To maintain the quality and performance of the PCH Data Services, LLC network, PCH Data Services, LLC reviews the overall statistics of its user community and identifies those accounts with usage in excess of expected ranges. Normal use and occasional heavy use should not cause usage patterns to exceed the expected range. Activities that involve extended, high-volume continuous data transfer might cause your activity to exceed expected ranges. Examples of such activities might include, but are not limited to: extensive use of peer-to-peer file sharing programs, game hosting applications, or streaming video. The hosting of a server of any kind, including for personal use, is prohibited. If your usage pattern is excessive, you will be notified to either upgrade your service plan or reduce your usage pattern. If you choose neither of these options, PCH Data Services, LLC reserves the right to terminate your service and/or account. 

Pricing & Deposits


Pricing for PCH Data Services, LLC accounts is established separately from these terms and conditions. Your failure to pay for use of a PCH Data Services, LLC account in accordance with pricing established by PCH Data Services, LLC shall result in immediate suspension of your account. PCH Data Services, LLC may, at its sole discretion, require you to pay a deposit to be held by PCH Data Services, LLC as a guarantee of payment of the charges we require for service. The fact that a deposit has been made does not relieve you of from the requirement to make prompt payment for service, and does not affect PCH Data Services, LLC’ right to discontinue service for your failure to pay PCH Data Services, LLC for services you consume. 


Information, Files and Programs


PCH Data Services, LLC accounts may be used to access to all manner of information, files and programs is available on the Internet. When accessing such resources, PCH Data Services, LLC strongly recommends the use of common sense, and the use of an up-to-date, quality anti-virus program. While the risk of harm may be small, risk does exist. PCH Data Services, LLC cannot, and does not attempt to guard account owners from any risk of harm associated with the use of information, files and/or programs retrieved from the Internet. PCH Data Services, LLC can only urge caution in the retrieval and/or use of any information, file or program from the Internet.  PCH Data Services, LLC explicitly disclaims any responsibility for the accuracy or quality of information retrieved from the Internet, and further disclaims liability for any and all harm that might result from the use of any information, file or program retrieved from the Internet. Retrieval and/or use of any information, file or program from the Internet through the use of an PCH Data Services, LLC account is at your sole risk. 

Personal Information


When using any on-line resource - whether email, newsgroups, web page postings, chat groups, on-line shopping, or other resources available on the Internet - PCH Data Services, LLC cautions account owners to use caution in divulging personal information of any sort. Such information might include credit card information, telephone and/or address information, or account names and passwords (in general, account owners should never give out account name and password information). PCH Data Services, LLC explicitly disclaims any and all liability for loss or other damage of any type that is or might be incurred by you as a result of divulging personal information. All such information is divulged, if at all, at your sole discretion and risk. 

Interruption of Service


From time to time, the services offered by PCH Data Services, LLC may be interrupted. Interruptions of service may occur for any number of reasons. Interruptions of service may occur in a given city or network wide in order for PCH Data Services, LLC to perform maintenance tasks. Interruptions may also occur for reasons completely beyond the control of PCH Data Services, LLC.

4. Limitation on Warranty, Limitation of Liability, and Indemnification

General
Your use of a PCH Data Services, LLC account constitutes your acknowledgement and agreement that PCH Data Services, LLC:

  • Is not the manufacturer of equipment used to provide access to the Internet;
  • Is not the developer of software used to access Internet resources, including software provided by PCH Data Services, LLC, if any;
  • Is not the developer or provider of content available on the Internet.

PCH Data Services, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO IMPLIED OR EXPRESS WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE (1) SERVICES OFFERED, (2) EQUIPMENT USED TO PROVIDE SERVICES, (3) SOFTWARE USED TO ACCESS INTERNET RESOURCES, INCLUDING SOFTWARE MADE AVAILABLE BY PCH Data Services, LLC, IF ANY, AND (4) ANY AND ALL CONTENT WHICH MIGHT BE ENCOUNTERED ON THE INTERNET FROM TIME TO TIME.  Your use of a PCH Data Services, LLC account constitutes your agreement that any and all damages which might arise from your use of the services, equipment supplied, software, Internet content, shall be your responsibility and shall not be the responsibility of PCH Data Services, LLC. Your use of a PCH Data Services, LLC account constitutes your waiver of any and all claims against PCH Data Services, LLC for any and all such damages.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PCH Data Services, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PCH Data Services, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PCH Data Services, LLC SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PCH Data Services, LLC SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PCH Data Services, LLC SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE PCH Data Services, LLC SERVICES.  PCH Data Services, LLC takes no responsibility for any such on-line distribution or publication by you. PCH Data Services, LLC does not review messages or content you may generate or post, and PCH Data Services, LLC is not responsible for what is contained in those messages or content. As a condition of your use of a PCH Data Services, LLC account, you agree to indemnify and hold harmless PCH Data Services, LLC for any and all claims made by any third party arising from your use of your PCH Data Services, LLC account, including claims against anyone utilizing your PCH Data Services, LLC account, whether or not known or allowed by you.  None of the provisions in this section of these Terms and Conditions shall be deemed to negate any other provision of these Terms and Conditions, provided however, that if any provision in these terms and conditions shall be deemed inconsistent with the provisions of this section, the provisions of this section shall be controlling.

Use of Customer Service

PCH Data Services, LLC may limit the use of customer service in it's sole discreation based on client or clients employee's behavior towards PCH Data Services, LLC owners, employee's, vendors, and contractors. The following acts will be considered but aren't limited to abuse of customer service.  Repeat dailing of our phone numbers, sending text messages, yelling at service technician(s), creating a hostile working environment. If we deem a client or client's employee's have caused or causing abuse of customer service. We may take any action need to remedy the issue including immediate account/service termination in our sole decesion.

Interruption of Service
Use of a PCH Data Services, LLC account constitutes your acknowledgment that such interruptions will occur from time to time. You acknowledge and agree that PCH Data Services, LLC shall not be liable to you for any harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss. You further acknowledge and agree that responsibility for avoiding harm or loss arising from an interruption of service, regardless of the nature and extent of the harm or loss, is your responsibility and not the responsibility of PCH Data Services, LLC.  By way of example, access to on-line brokerage services via the Internet would be lost during an interruption of service. PCH Data Services, LLC cannot and will not be responsible for loss of such access, regardless of whether the loss of such access occurs as a result of an interruption of service by PCH Data Services, LLC, or for any other reason. It is your responsibility to plan in advance against the possibility of occasional loss of access to such services. 

Excusable Delay and Failure to Perform
PCH Data Services, LLC shall not be held liable for any delay, failure in performance, loss or damages due to a force majeure event including but not limited to fire, theft, embargo, explosion, power problem, earthquake, avalanche, volcanic action, flood, war, water, the elements, labor disputes or unrest, including strikes, slowdowns, picketing, or boycotting, civil disturbances, any law, order, regulation, ordinance, or requirement of any government or legal body, or any representative of any such government or legal body, or military authority, acts of God or public enemies, inability to secure raw materials, inability to secure Equipment or transportation facilities, acts or omissions of carriers, or other causes beyond the reasonable control of PCH Data Services, LLC.

Records

Customer agrees and understands that PCH Data Services, LLC uses an electronic filing system(s) for record keeping and that any scanned document shall be considered an original copy.

Governing law

This agreement constitutes the entire agreement between the parties. No modification or waiver of any provision of the agreement, nor any consent to any departure by consumer therefrom, will in any event be effective unless the same is set forth in writing and duly signed and acknowledged by PCH Datat Services, LLC, and then such waiver of consent will be effective only in the specific instance, and for the specific performance for which given. Neither any failure nor delay on the part of PCH Data Services, LLC, in exercising any right, power or privilege hereunder will operate as a waiver, nor will a single or partial exercise of any other right, power or privilege. If any provision of this agreement is determined by a court to be invalid or unenforceable, then such provision shall be deemed null and void to the extent so determined, but in all other respects and provisions of this agreement shall be enforceable according to its terms. This agreement shall be interpreted and enforced under the laws of the State of Minnesota in a court of competent jurisdiction in Becker County, Minnesota.

Lease

Customer agrees if he/she has a dedicated server that it's a lease in Becker County, Minnesota.

 

Customer agrees that it will not assert any defenses to this agreement such as waiver or estoppel.

Consumer acknowledges that it has read and understands the agreement as set forth herein.

Customer acknowledges that this Agreement will be binding upon its heirs, estate, third-party claimants or creditors, or any other person or entity in privity with Customer.

 

Last Updated: 9/28/2018

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