We reserves the right to change or modify any of the terms and conditions contained in this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers. Any changes or modification will be effective upon posting of the revisions on the Web site (the "Site"). We will post a notice of such changes or modifications to this Agreement or the Addendum on the Site for 30 days. Pacific Online may post changes or modifications to referenced Acceptable Use Policies without notice to you. Your continued use of Services following posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. Term and Payment for Services

1.1. Term and Termination. This Agreement shall be for successive one month terms, automatically renewed each month unless cancelled by you by notice given and received at least two days before the your renewal date. Any notice of termination will be effective at the end of the current prepaid period.

1.2. Default and Cure. In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within 15 days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice (including by email) thereof to the defaulting party, may terminate this Agreement. Notwithstanding any other provision herein, Pacific Online may terminate this Agreement immediately if it determines, in good faith, that the customer has violated Pacific Online's Acceptable Usage Policy.

1.3. Charges. You agree to pay for all charges attributable to your use of the Services at the then current Pacific Online prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, provincial, state and local sales, use, value added, goods and services, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Pacific Online's net income.

1.4. Payment. Upon entering this Agreement, you must choose to pay either by cheque or direct charge to a credit card. If you choose to pay by credit card upon registering for the Services, you thereby authorize Pacific Online to charge your credit card to pay for any charges that may apply to your account. You agree that Pacific Online may accumulate any supplemental charges, incurred by you in your use of the Services ("Supplemental Charges") until your monthly bill date and then charge your account. You must notify Pacific Online of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Pacific Online from charging your account. If you fail to pay any fees and taxes within five days from applicable due date for credit card or invoice payments, late charges of the lesser of 1.5% per month or the maximum allowable under applicable law shall also become payable by you to Pacific Online. In addition, your failure to fully pay any fees and taxes within seven days after the applicable due date will be deemed a material breach of this Agreement, justifying Pacific Online's suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstatement of Services. Any such suspension or termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. If any cheque is returned for insufficient funds, Pacific Online may impose a processing charge of $25.

2. Use of Services

2.1. Applicable Use Policy. Pacific Online's Acceptable Use Policy (the "Usage Policy") governs the general policies and procedures for use of the Services. The Usage Policy is posted on Pacific Online's Web site (or such other location as Pacific Online may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. PACIFIC ONLINE RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE ACCEPTABLE USAGE POLICY OR THIS AGREEMENT.

2.2. Material and Product Requirements. 2.2. Material and Product Requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies, depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site, and it is not Pacific Online’s responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Pacific Online. Unless we have agreed otherwise in a separate agreement, you must ensure that all material including text, graphics, photographs, drawings, sound, video, names, logos, hypertext links to other websites, data and other material placed by you (“Customer Material”) on Pacific Online’s equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by Pacific Online and which will permit stable, continuous operation of the servers on which it is hosted without interruption or interference. Pacific Online will make no effort to validate any Customer Material for operability, stability, content, correctness or usability. If any Customer Material is not “server-ready”, Pacific Online has the option at any time to reject this material. Pacific Online will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and requirements of Pacific Online. If any Customer Material interrupts or interferes in any way with the servers on which it is hosted, Pacific Online has the option of taking down the site without prior notice to you.

2.3. Bandwidth and Storage Usage. You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges.

2.3.1 Bandwidth Availability. Your account will have a specified maximum capacity per month, which will depend upon the plan you have chosen. If in any month the actual traffic exceeds this maximum capacity, you will be charged for the excess at the then-current rate, which will be posted on Pacific Online's website.

2.3.2 Disk Space Overages. Disk space overages shall be determined and charged for daily on the basis of the excess amount of disk space used by you as of the time of determination, at the same cost per megabyte as provided for in the plan you have chosen.

2.4. No Modification to Customer Material. Pacific Online will not make any modifications to any Customer Material made available online by you before it is transmitted to subsequent users.

3. Enforcement

3.1. Investigation of Violations. Pacific Online may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Pacific Online will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2. Actions. Pacific Online reserves the right and has absolute discretion to restrict or remove from its servers any Customer Material that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Pacific Online may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Pacific Online's systems and (d) disabling or removing any Customer Material including hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Pacific Online which, in Pacific Online's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Pacific Online to civil or criminal liability or public ridicule. It is Pacific Online's policy to terminate repeat infringers. Pacific Online's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Pacific Online takes corrective action due to such possible violation, Pacific Online shall not be obligated to refund to you any fees paid in advance of such corrective action.

3.3. Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Pacific Online's systems and customers, or to ensure the integrity and operation of Pacific Online's business and systems, Pacific Online may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (such as name, e-mail address), IP addressing and traffic information, usage history, and content residing on Pacific Online's servers and systems. Pacific Online also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

4. Intellectual Property Rights

4.1. Grant to Pacific Online. You hereby grant to Pacific Online a non-exclusive, worldwide and royalty-free license for the initial term and any renewal term to use the Customer Material as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to Pacific Online a license to cache and make archival or back-up copies of Customer Material including content supplied by third parties, and (b) agree that such caching and making of copies is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. Except for the rights expressly granted above, Pacific Online is not acquiring any right, title or interest in or to your Customer Material.

4.2. Pacific Online Materials and Intellectual Property. All materials including but not limited to any computer software (in object code and source code form) data or information developed or provided by Pacific Online or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Pacific Online to provide the Services to you including without limitation all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Pacific Online or its suppliers, including but not limited to any software programs, inventions, products and technology innovations and methodologies utilized, developed or disclosed by Pacific Online during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

4.3. Trademarks. You hereby grant to Pacific Online a limited right to use your trademarks, if any, for the limited purpose of permitting Pacific Online to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.

5. Warranty; Warranty Disclaimer

5.1. Customer and Third Party Acts. Pacific Online is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, Pacific Online is not responsible for loss or corruption of data in transmission or for failure to send or receive data due to events beyond Pacific Online's reasonable control.

5.2. No Express or Implied Warranty. ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY PACIFIC ONLINE UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT PACIFIC ONLINE EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH PACIFIC ONLINE'S COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. PACIFIC ONLINE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY OF YOUR DATA WILL NOT BE IRRETREIVABLY LOST AND PERMANENTLY UNAVAILABLE TO YOU. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING WITHOUT LIMITATION ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PACIFIC ONLINE DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES ARISING BY LAW OR OTHERWISE REGARDING THE SERVICES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.

5.3. Your Warranties and Representations to Pacific Online. You warrant, represent, and covenant to Pacific Online that (a) you are at least 18 years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorizations necessary for all Customer Material including hypertext links to third-party Web sites; (f) you have verified or will verify the accuracy of all Customer Material including without limitation any descriptive claims, warranties, guarantees, nature of business and address where business is conducted, and (g) your Customer Material does not and will not infringe or violate any right of any third party (including any copyright, trade secret or other rights of any description whatsoever) or violate any applicable law, regulation or ordinance.

6. Limitation and Exclusion of Pacific Online's Liability

6.1. Limitations. IN NO EVENT SHALL PACIFIC ONLINE HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF INFORMATION OR DATA DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. PACIFIC ONLINE SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF PACIFIC ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF PACIFIC ONLINE TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO PACIFIC ONLINE BY YOU UNDER THIS AGREEMENT DURING THE 90 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY PACIFIC ONLINE UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE PACIFIC ONLINE FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

6.2. Interruption of Service. You hereby acknowledge and agree that Pacific Online will not be liable for any delay, outages or interruptions of the Services. Further, Pacific Online shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

6.3. Indemnification. You will defend, indemnify and hold harmless Pacific Online and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (each, an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including reasonable attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (a) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (b) your conduct, including but not limited to your negligence, gross negligence, or wilful misconduct; (c) your improper or illegal use of the Services; (d) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by Pacific Online; or (e) any claim relating to your Customer Material, services or products, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

7. Miscellaneous

7.1. Confidentiality. The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (a) information in the public domain; (b) information developed independently by a party without reference to information disclosed under this Agreement; or (c) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two years.

7.2. Notices. All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

7.3. Choice of Law and Forum. THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE COURTS OF THE PROVINCE OF BRITISH COLUMBIA LOCATED IN VANCOUVER, BRITISH COLUMBIA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS. THIS AGREEMENT WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, THE APPLICATION OF WHICH IS EXPRESSLY EXCLUDED.

7.4. Entire Agreement. This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

7.5. No Fiduciary Relationship; No Third-Party Beneficiaries. Pacific Online is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.

7.6. Assignments. You may not transfer or assign your rights, duties, or obligations under this Agreement without Pacific Online's prior written consent. Pacific Online may assign its rights and obligations under this Agreement and may utilize affiliate or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective personal representatives, successors and assignees.

7.7. No Waiver. Pacific Online's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Pacific Online's right to subsequently enforce such provision or any other provisions under this Agreement.

7.8. Severability. If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.

7.9. Survival. All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.

7.10. Electronic Acceptance. You agree that by clicking on the "I Accept" button during signup and registering for and using the Services, you have read this Agreement and agree to be bound by the terms and conditions contained herein as well as the Pacific Online AUP.

Reliability of Information on the Web. The fact that that no one party owns or controls the Internet accounts for much of its openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that Pacific Online cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Pacific Online cannot monitor or censor websites, and will not attempt to do so, Pacific Online cannot accept any responsibility for injury to subscribers that results from inaccurate, unsuitable, offensive or illegal Internet communications

User's Responsibilities. When subscribers disseminate information through the Internet, they also must keep in mind that Pacific Online does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Pacific Online's network and may reach a large number of people, including both subscribers and nonsubscribers of Pacific Online, subscribers' postings to the Internet may affect other subscribers and may harm Pacific Online's goodwill, business reputation, and operations. For these reasons, subscribers violate Pacific Online policy and the terms of service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
 

• Spamming. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Pacific Online, but also because it can overload Pacific Online's network and disrupt service to Pacific Online subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Pacific Online has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
• Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by any third party, or engaging in activity that violates privacy, publicity, or other personal rights of others. Pacific Online is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Pacific Online's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
• Obscene Speech or Materials. Using Pacific Online's network to advertise, transmit, store, post, display or otherwise make available any speech or material that is, under law, pornographic or obscene. Pacific Online is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Pacific Online's network.
• Defamatory or Abusive Language. Using Pacific Online's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
  Forging of Headers. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
• Illegal or Unauthorized Access to Other Computers or Networks. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
• Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
• Facilitating a Violation of this AUP. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes the facilitation of the means to spam, unsolicited bulk or consumer email, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
  Export Control Violations. Exporting encryption software over the Internet or otherwise, to points outside the United States.
• Usenet Groups. Pacific Online reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
• Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
• Other Activities. Engaging in activities, whether lawful or unlawful, that Pacific Online determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

The primary responsibility for avoiding the harmful activities just described rests with you. Pacific Online will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Pacific Online policy or applicable law. When Pacific Online becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.