Acceptable Use Policies

From time to time Phoenixcomm.net may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are currently called Acceptable Use Policies (AUPs)and are posted on the Internet at http://www.phoenixcomm.net/legal/

Servers hosted within the Phoenixcomm.net network are open to the public. You are solely responsible for your usage of the Phoenixcomm.net network and servers and any statement you make on servers hosted within the Phoenixcomm.net network may be deemed a "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Use of all Phoenixcomm.net services and facilities is at your own risk. Phoenixcomm.net specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Phoenixcomm.net be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. You agree to protect and indemnify Phoenixcomm.net against any and all liability, loss or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of copyrights and property rights resulting from your use of Phoenixcomm.net.

Phoenixcomm.net reserves the right to refuse service to anyone at any time. However, if Phoenixcomm.net should deem it necessary to initiate termination of services with you, Phoenixcomm.net specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the server being removed from the network. In no event shall Phoenixcomm.net be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages which result from this termination of services

This agreement is effective upon activation of the Customer's server on the  Phoenixcomm.net network and continues until terminated by either party. If this agreement is terminated by either party, Customer is still responsible for any charges on the Customer's account. Once notice of termination is received by either party, no further changes shall be made to the Customer's account beyond those incurred up to the date of termination. Phoenixcomm.net can change Phoenixcomm.net this agreement at any. The Customer may not amend or change this agreement unless Phoenixcomm.net agrees to it in writing.

The Customer understands and agrees that the City of Dallas, Texas in which Phoenixcomm.net is located. Phoenixcomm.net shall be the exclusive forum for any legal action relating to Phoenixcomm.net's services, and the customer expressly consents to the personal jurisdiction of such court. The aforementioned terms and general information are not all inclusive and are subject to change at the sole discretion of Phoenixcomm.net.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Phoenixcomm.net will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, 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 express authorization of the owner of the system or network.

• Unauthorized monitoring of data or traffic on any network or system without 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.

• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Violators of the policy are responsible for the cost of labor to cleanup and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Phoenixcomm.net. Such labor is categorized as emergency security breach recovery and is currently charged at $250 (us) per hour required.

Password Protection

Customer is responsible for protecting Customer's password and for any authorized or unauthorized use made of Customer's password. Customer will not use or permit anyone to use Phoenixcomm.net's service to guess passwords or to access other systems or networks without authorization. Phoenixcomm.net will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Internet Etiquette

Customer is expected to be familiar with and to practice good Internet etiquette (Netiquette). Customer will comply with the rules appropriate to any network to which Phoenixcomm.net may provide access. Customer should not post, transmit, or permit Internet access to information Customer desires to keep confidential. Customer is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Phoenixcomm.net by offended users. Phoenixcomm.net reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the polices of the IRC channel or USENET group. Customer will indemnify Phoenixcomm.net and hold Phoenixcomm.net harmless from any damage to Phoenixcomm.net's business, service, equipment, network, operations, or reputation resulting from Customer's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

Copyright Infringement - Software Piracy Policy

The Phoenixcomm.net network 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.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

Phoenixcomm.net will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Network Responsibility

Customers have a responsibility to use the Phoenixcomm.net network responsibly. This includes respecting the other Customers of Phoenixcomm.net. Phoenixcomm.net reserves the right to suspend and or cancel service with any Customer who uses the Phoenixcomm.net network in such a way that adversely effects other Phoenixcomm.net Customers. This includes but is not limited to:

• Attacking or attempting to gain unauthorized access to servers and services that belong to Phoenixcomm.net or its Customers (i.e. computer hacking), and/or

• Participating in behavior which result in reprisals that adversely effect the network or other Phoenixcomm.net customers' access to the Phoenixcomm.net network.

Phoenixcomm.net will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include, but are not limited to, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning etc.

Any unauthorized use of accounts or computers by a Phoenixcomm.net customer, whether or not the attacked account or computer belongs to Phoenixcomm.net, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Any attempt to undermine or cause harm to a server, or customer, of Phoenixcomm.net is strictly prohibited.

Violations of this policy may be reported directly to the National Infrastructure Protection Center at http://www.nipc.gov. Phoenixcomm.net will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Lawful Purpose

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold Phoenixcomm.net harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Child Pornography on the Internet

Phoenixcomm.net will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Phoenixcomm.net network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

No credits will be issued for any interruption in service resulting from policy violations. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at icpicc@customs.treas.gov.

Commercial advertisements with e-mail

Phoenixcomm.net takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network.  Very simply this means that customers of Phoenixcomm.net may not use or permit others to use our network to transact in UCE. Customers of Phoenixcomm.net may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.  Violations of this policy carry severe penalties, including termination of service.

Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Email is a person-to-person medium, not a broadcast medium.

Customers of Phoenixcomm.net are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the Phoenixcomm.net network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Violation of Phoenixcomm.net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Phoenixcomm.net will initiate an immediate investigation (within 48 hours of notification). During the investigation, Phoenixcomm.net may restrict Customer access to the network to prevent further violations. If Customer is found to be in violation of our SPAM policy, Phoenixcomm.net may, at its sole discretion, restrict, suspend or terminate Customer's account. Further,  reserves the Phoenixcomm.net right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. No credits will be issued for any interruption in service resulting from policy violations. Phoenixcomm.net will notify law enforcement officials if the violation is believed to be a criminal offense.

Violation of Phoenixcomm.net's SPAM policy may be reported to abuse@Phoenixcomm.net

IP Address Overlap

Phoenixcomm.net administers the network which the Customer's server resides on.  The customer can not use IP addresses which were not assigned to them by Phoenixcomm.net staff.  Any box found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses  overlap can be corrected.

IRC

Phoenixcomm.net allows the use of IRC inside the Phoenixcomm.net network as long as the use of IRC on a Phoenixcomm.net server does not violate any of the other terms of this AUP.  As a policy,  Phoenixcomm.net will not provide vanity IRC reverse DNS records. To enforce this policy, Phoenixcomm.net does not turn the reverse address of ips over to the customer.  Authority over this information remains with Phoenixcomm.net

Billing

The Customer understands that the Customer is responsible for paying for any network resources that are used to connect the Customer's server to the internet. The Customer may request that the Customer's server be disconnected from the Internet, but the Customer will still be responsible for paying for any network resources used up to the point of suspension or Cancellation.

Suspension

Phoenixcomm.net reserves the right to suspend network access to any Customer if in the judgment of the Phoenixcomm.net Network Administrators the Customer's server is the source or target of the violation of any of the terms of the Policy or for any other reason which Phoenixcomm.net chooses.
If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is completed. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity.  The Customer will be credited on a prorated basis, based on the monthly fee(s) that the Customer pays for the service(s) that where suspended.

Cancellation

Phoenixcomm.net reserves the right to cancel service at any time. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacting regarding the activity.  All fees paid in advance of cancellation will be prorated and paid by the Customer. If Phoenixcomm.net institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, etc.)

Indemnification

THE CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD PHOENIXCOMM.NET HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST PHOENIXCOMM.NET, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PHOENIXCOMM.NET AGAINST LIABILITIES ARISING OUT OF:

1. ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH PHOENIXCOMM.NET'S SERVER.
2. ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY OR OTHERWISE VIOLATING ANY APPLICABLE LAW.
3. COPYRIGHT INFRINGEMENT
4. ANY DEFECTIVE PRODUCTS SOLD TO THE CUSTOMER VIA OUR SERVER(S).

Disclaimer

Phoenixcomm.net will not be responsible for any damages your business may suffer. Phoenixcomm.net makes no waranties of any kind, expressed or implied for services we provide. Phoenixcomm.net disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Phoenixcomm.net and its employees. The services provided by Phoenixcomm.net are provided AS-IS and without any warranty expressed or implied. Phoenixcomm.net reserves the right to revise its policies at any time.

All sub-Networks, resellers and dedicated servers of Phoenixcomm.net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.