Thank you for choosing Patrick Solutions Inc (“Patrick Solutions”) as your business partner.
This Usage Policy has been developed with the following objectives:
- Ensure security, reliability and privacy of Patrick Solutions, Inc.’s systems and network, and the networks and systems of others.
- Comply with all federal, state and local laws
- Maintain the image and reputation of Patrick Solutions, Inc. as a responsible provider.
- Preserve the value of Internet resources as a conduit for free expression.
- Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services.
- Avoid situations that may cause Patrick Solutions, Inc. to incur civil liability.
- Preserve the privacy and security of individual users.
VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM PATRICK SOLUTIONS.
Third parties who seek to inform us of violations of this AUP are required to read it, abide by its terms, and send notices to the appropriate address set out in this AUP. Notices sent to the wrong address will be not be reviewed. We do not review anonymous complaints.
If you believe that our AUP has been violated, and that the relevant paragraph addressing your concern does not have a particular notification address in it, you may send your inquiry to: firstname.lastname@example.org. As noted above, we do not review anonymous inquiries. Your notice must contain, at a minimum, your first and last name, and either a working, monitored e-mail address, or a working, monitored, telephone number.
Any questions or comments regarding the AUP should be directed to email@example.com.
Individuals who contact us about this AUP, the behavior of our customers, or for other purposes, are required to provide us with accurate information to enable us to contact them and respond to their requests. We do not respond to anonymous correspondence, and will refer individuals who deliberately attempt to mislead us regarding their identity, or the basis for their complaints, to appropriate law enforcement officials.
Customers and End Users are solely responsible for content.
We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Because of this, we cannot, and do not, accept any responsibility from customers, End Users, or third parties, resulting from inaccurate, unsuitable, offensive, or illegal content or transactions. We specifically reserve the right to refuse to provide the Service to customers or End Users engaged in the dissemination of material that may cause us to be subject to attacks on our network, or that while technically legal, run counter to our corporate principles. This type of content may include, but is not limited to, racist, pornographic, hateful material or those which create customer service or abuse issues for us.
Compliance with Law
Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, this AUP, or our TOS, is prohibited. You may not use the Service to directly facilitate the violation of any law or regulation.
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of Patrick Solutions (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
We expect you to use good business judgment in your conduct. The following list is designed to help guide you in determining if Patrick Solutions is a suitable service provider for you, and provide you with examples of activities that may fall within this paragraph. It does not represent all unlawful uses of the Service by you or End Users:
- forging, misrepresenting, omitting or deleting message headers, return mailing information, and/or internet protocol addresses, to conceal or misidentify the origin of a message;
- creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks;
- hacking, and/or subverting, or assisting others in subverting, the security or integrity of our products or systems;
- soliciting the performance of any illegal activity, even if the activity itself is not performed; and/or
- acting in any manner that might subject us to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
U.S. Export Controls.
Your, and an End User’s, use of the Service is governed by U.S. export control laws. These laws apply regardless of whether you, or an End User, actually reside in the United States. More information about U.S. export laws may be found at: http://www.export.gov/regulation/index.asp.
These laws generally prohibit:
- selling certain products and services outside the U.S., though you may be allowed to sell them in the U.S.; and/or
- doing business with individuals or entities with whom U.S. citizens may not do business.
Other Intellectual Property Issues.
You are required to comply with U.S. laws regulating trademarks, patents and other laws governing the use and dissemination of intellectual property. Complaints about abuse of intellectual property rights, other than copyright, may be directed to firstname.lastname@example.org
Customer Security Obligation
Each Customer must use reasonable care in keeping each server or network devices attached to Patrick Solutions’ infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect a server may result in a security compromise by outside sources. Patrick Solutions is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to email@example.com.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Patrick Solutions investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation, the following:
Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
Executing any form of network activity that will intercept data not intended for the Customer’s server.
Circumventing user authentication or security of any host, network or account, including “cracking.”
Interfering with or denying service to any user, host, or network other than the Customer’s host (example: denial of service attack or distributed denial of service attack).
Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
Failing to comply with the company’s procedure relating to the activities of Customers on the Company’s premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $150.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.
Each Customer is expected execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Patrick Solutions may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Patrick Solutions by offended users. Patrick Solutions 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 policies of the IRC channel or USENET group.
Patrick Solutions 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 Customers over the Patrick Solutions network, and will be liable for illegal material posted by their Customers.
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 or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.
Patrick Solutions datacenter infrastructure including network, leased hardware, co-location services, and other hardware located in the facility 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 other intellectual property rights; including creating, utilizing, distributing unauthorized copies of software, or the use of BitTorrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating federal copyright law. Patrick Solutions will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.
Contact firstname.lastname@example.org to report copyright infringement.
Monitoring products, Cooperation with Law Enforcement and Legal Documents
We may disclose information, including information that you consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request which appears to be valid. We may also disclose such information when it is necessary for us to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice.
Law enforcement agencies who seek information about customers, End Users, and third parties and/or their use of the Service, are required to submit a subpoena, or other similar document, pursuant to which we are required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to us, the Subpoena will be transmitted to the customer, End User, or third party.
Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of a filed and pending litigation matter. Responses to Civil Demands are at our discretion. Responses are subject to a response fee of $275 per hour. We do not honor requests from civil litigants to limit or to pre-approve response expenses. Civil litigants are encouraged to contact us prior to serving Civil Demands in order to minimize their expense.
Address for Subpoenas and Civil Demands:
Kohler & Smith Co. LPA
Attention: Marc Smith
7650 Rivers Edge Dr. Suite 101
Columbus, OH 43235
Administration of our Network
It is your obligation to ensure that you have thoroughly considered how the Service is deployed, and our network configured, prior to using the Service. In particular, you are responsible for ensuring that any material you place on our servers, or transmit using our network, does not adversely impact our ability to provide the Service to other customers. We reserve the right to suspend and/or terminate the Service, in our absolute discretion, should your use of them cause instability in our network or on our servers.
You cannot use IP addresses which were not assigned to you by us. If it is determined that you are using IPs which were not officially assigned by us, the Service will be suspended until such time as the IP address overlap can be corrected. We own the IP numbers and addresses that may be assigned to you by us. These addresses may not be assigned or transferred, and are recycled by us on termination of your use of the Service. We may, in our sole discretion, change these addresses.
Customers purchase a maximum bandwidth and total data transfer per month. Customers that exceed their data transfer may be required to pay “overage” at $0.25/GB (~$0.031/Gb). Patrick Solutions shall have the right to take corrective action if a Customer’s bandwidth is excessive and/or interrupts service for other Customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Patrick Solutions’ sole and absolute discretion. Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Data Unlawful or Against the AUP: Promoting violation of the law or the AUP by hosting data that facilitates the violation is prohibited, including but not limited to:
Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this AUP.
Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this AUP.
Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this AUP.
Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (“phishing”) is not permitted.
Spamvertised Sites. Hosting web pages advertised by spam sent from another network (“spamvertised”) is not permitted.
Email Spam. Patrick Solutions has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Patrick Solutions whether or not the message actually originated from our network.
Block Removal. If Customer actions have caused Patrick Solutions mail servers or Patrick Solutions IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $150 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Drop-Box Accounts: Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
Header Forgery: Forgery of email headers (“spoofing”) is prohibited.
Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
Relaying: Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Patrick Solutions upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
Mailing lists: Patrick Solutions’ mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
By agreeing to this AUP, Customer affirms that the contact and payment information provided to Patrick Solutions identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.
System and Network Security
Customers and all other users of the Patrick Solutions network are prohibited from violating or attempting to violate the security of the Patrick Solutions’ Network. Violations of system or network security may result in civil or criminal liability. Patrick Solutions will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting anyone who is involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “exploiting vulnerabilities”.
- Forging any TCP/IP packet header in a transmission and/or any part of the header information in any e-mail-based or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
- Addition of IP addresses that have not been specifically assigned to the server.
- Patrick Solutions reserves the right, to drop packets or IP space involved in Spam, Virii, Illegal-Distributions or Denial-of-Service attacks if it is clear that the offending activity is causing harm to parties on the Internet. Patrick Solutions does not permit open SMTP relays or anonymous FTP servers. If it is determined that any of this kind of activity is occurring on Customer equipment then Patrick Solutions may block the specific activity or all network activity prior to contacting you.
Customer shall maintain insurance in a policy amount sufficient to cover any loss of data, software and/or hardware. Patrick Solutions is not responsible losses or damages, including lost revenue, in the event of lost hardware, software or data no matter the cause. Patrick Solutions is not under any responsibility, under this Agreement, to maintain data backups. Customer acknowledges that it may, at its own option and expense, develop a system that uses mirrored off site servers, offsite backup solutions and/or other means to minimize risk, reduce the loss of revenue and insure continuous hosting of data in the event of a major loss.
Assignment of Obligations
Customer shall not transfer or assign this Agreement without the prior written consent of Patrick Solutions. Patrick Solutions may assign this Agreement at anytime without consent from or notice to Customer.
Patrick Solutions under no circumstances allows the operation of IRC servers within the network. We do not allow incoming or outgoing connections or services which connect to, provide support for, or operate within IRC.
PATRICK SOLUTIONS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE THE CUSTOMER’S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Patrick Solutions and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that Patrick Solutions shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Patrick Solutions. Customer further acknowledges that Patrick Solutions’ liability for its own negligence may not, in any event, exceed an amount equivalent to charges paid by the Customer for services during the period that the damages occurred. In no event shall Patrick Solutions be liable for any special or consequential damages, loss, or injury. Furthermore, Customer indemnifies and holds Patrick Solutions harmless from any claim against Patrick Solutions by any third party as a result of Customers violation of Patrick Solutions’ policies.
Data Center Access
The following rules and processes are in place to protect and maintain the integrity of our data center:
- Customer will not change the space or any cabinet, rack, equipment or fixture in the facility including but not limited to cables and power supply without prior written permission from Patrick Solutions, Inc.
- Customer personnel will not under any circumstance access or interfere with equipment located in the Data Center.
- All Customer equipment shall be labeled with Customer name and contact information.
- Customer shall provide a list of all the employees, agents and other representatives that are authorized to enter the Data Center. Patrick Solutions, Inc. will have no obligation to grant entry to anyone that has not been designated as authorized by Customer.
- Representatives will be required to show photo identification before entering the Data Center.
- Customer shall keep space in and around Data Center clean and free of waste.
- Any representative who abuses facility regulations or behaves improperly or creates jeopardy of any kind will be refused access and will be asked to leave the facility.
- Persons under the age of 18 are not permitted in the Data Center.
- No cardboard shall be taken into the data center. All unpacking must be done in the designated unloading zone and Customer personnel are responsible for taking any packing materials to the designated trash area.
- Access to the Data Center is prohibited unless accompanied by representative of Patrick Solutions, Inc.
- No Food or Beverages are permitted in Data Center
- No devices that could potentially create a wireless network to the data center are allowed in the data center. This includes, but is not limited to, wireless modems, wireless routers, wireless network cards, or “tethering” equipment that enables a cellular phone to behave as a wireless network.
- Under no circumstances will a customer create a method of moving network traffic out of the Data Center through any other network path than the network paths created by Patrick Solutions and provided to the customer.
- Other prohibited items include:
- Explosives or flammable materials of any kind
- Photographic, video, or other recording equipment of any kind except for tape back-up equipment.
- Magnetic Devices of any kind
Suspension and Termination
Patrick Solutions will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Patrick Solutions reserves the sole right to suspend service to any Customer located in our datacenter for violation of the AUP without notice. Patrick Solutions reserves the right to terminate service without notice for any violations of the AUP. An additional $35 fee will be assessed for reinstatement of any and all servers that were taken offline due to non-payment of service or abuse related issues.
Violations of the AUP will result in the following:
- A warning notification via email.
Failure to resolve the AUP violation within 24 hours will result in the following:
- Temporary shutdown of the server
- IP address routing to null
- Immediate disconnection of service with no re-activation.
Last revision: 1/1/2013