Planet Networks Acceptable Use Policy
Last revised April 9, 2017 (Rev 3.1.0)
This document describes the agreement between Planet Networks Inc. (hereinafter referred to as "PN") and customers who use PN’s services (hereinafter referred to as "Customer(s)"). All Customers must adhere to the rules below in order to use and enjoy and allow others to use and enjoy the use of PN’s services. Use of PN’s services and/or connections implies acceptance of this agreement.
Planet Network's goals are to protect network resources, preserve the privacy and security of PN and Customers' networks, and maximize the utility of PN and the Internet, while recognizing PN’s position in the Internet community as a whole.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. PN reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Copyright, Privacy, and Intellectual Property
Using a PN connection to commit, aid or abet any violation of copyright or intellectual property law is prohibited. PN complies with the DMCA and will remove any information posted without the copyright owner’s permission.
E-Mail may pass through multiple mail servers on the Internet as it passes from source to destination. Customer can never be guaranteed privacy from every possible mail server. Any Customer seeking total privacy should use encryption to render their messages unreadable by eavesdroppers. With regards to PN’s mail servers, PN places a high value on privacy, and will only examine Customer's email when absolutely required, for example when troubleshooting email delivery problems or being presented with a search warrant or subpoena for the information.
PN hates junk email. Spam email is the bane of the Internet. PN refuses to add to this illegitimate use of the Internet. Customer's email address(es) and/or contact information will NEVER be offered for sale, loan, use, or for any other reason by PN to ANY third parties for ANY reason.
Any "denial of service" attack, any attempt to breach authentication or security measures, or any unauthorized attempt to gain access to any other account, host or network is prohibited, and will result in immediate service termination, which may be without notice.
PN reserves the right to block any and all access to foreign networks or foreign hosts for any period of time if PN deems such action necessary or in PN’s best interest for any of the following reasons: the foreign network/host attempts to breach authentication or security measures of any kind, the network/host sends spam or unsolicited email to anyone at any time, the network/host provides connectivity or ancillary services (web hosting, mail drop, auto-responder, etc.) to a spam or unsolicited email sender or affiliated organization, any other reason which PN or PN’s administration may see fit. PN reserves the right to choose at any time to which networks we connect and at what level. PN has no implied liability to transport packet(s) to any network(s) or host(s) as a result of accepting said packet(s). As of this writing, this blocking process is performed automatically by PN routers as a result of PN’s participation in the Realtime Blackhole List. In the future, PN may add or remove whatever network protection systems PN’s administration may see fit.
E-Mail and Usenet News
Using any PN account or server to send duplicative, unsolicited email messages (commercial or otherwise) also known as spam and/or to collect the responses from unsolicited email (spam) and/or using a PN server or bandwidth to host any page(s), and/or mail servers, and/or mailboxes, and/or auto-responders with any information regarding any item, service, or information advertised (aka: spamvertising) in a spam message is prohibited. PN reserves the exclusive right to make the determination whether a given message is spam. E-Mail is a person-to-person medium, not a broadcast medium. Broadcast email messages are spam!
Any Customer sending spam messages will be charged a processing fee of $100 per individual message sent to clean up servers, relations, and otherwise deal with the aftermath. Every individual recipient shall be considered a distinct and individual message. All Customers consent to this fee by use of any PN service or connection. In addition - if a Customer sends spam, as soon as PN is notified, Customer's account will immediately be terminated. Period. No second chances, no excuses. PN will provide NO REFUNDS whatsoever for any Customer account terminated due to a spam violation.
Similarly, using any PN account or server to post advertisements or messages that violate the charter of any newsgroup or mailing list is prohibited.
PN reserves the right to make the determination whether a given message violates the newsgroup or mailing list charter. In most cases PN will defer to the judgment of the newsgroup or mailing list moderator or administrator.
Commercial messages that are appropriate under the charter of a newsgroup or mailing list, or that are expressly solicited by the recipients, are permitted.
Conduct in connection with email or Usenet news that is an obvious nuisance (such as spam) or that would be unlawful in other contexts (for example, threats, harassment, or software piracy) is prohibited.
Furthermore, any Customer connected to any PN connection is prohibited from running an open mail relay. To secure your mail server, see http://www.anti-abuse.org/
Deactivation of Service
PN reserves the right to suspend and/or disconnect service provided to Customer when in PN’s sole judgement the continued use of Customer's connection poses a risk to PN systems, network, reputation, or goodwill and/or risks to other Internet users, hosts, or services. Some examples of reasons for suspension/disconnection may include, but are not limited to Trojan, worm, or virus infections or otherwise compromised, hijacked, or improperly maintained and/or un-patched systems. PN reserves the sole right to determine the circumstances which warrant suspension or disconnection. When feasible, PN will make a reasonable attempt to inform Customer prior to disconnection and will advise Customer of steps needed to avert suspension/disconnection and/or to allow reinstatement or re-connection.
Forgery of Identity
Falsifying addressing information or otherwise modifying headers to conceal the sender's or recipient's identity, for the purpose of circumventing this Policy, is prohibited. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
IRC (Internet Relay Chat)
Using programs that interfere with others' use, or running an IRC robot, on any IRC server is prohibited. When logged into any IRC server, users are expected to comply with the rules and policies established by the server's administrator. Furthermore - NO IRC servers are permitted anywhere on any PN or Customer network(s). IRC servers are inherently insecure and are often used to lauch distributed denial of service attacks against other servers and/or networks. The resulting retaliatory distributed DOS attacks can cripple PN’s network and affect services provided to all customers. PN reserves the right to immediately end all services provided without refund if an IRC server is found on any customer machine or network.
PN bears certain legal liabilities for the use of its computer network and equipment. As such PN must require that its customers do not use PN’s network for illegal purposes. When presented with a search warrant or subpoena, PN is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage. However, PN recognizes that the legal status of the Internet continues to evolve through legislation and court precedent. Occasionally, PN must make certain decisions regarding the illegality of various specific actions and/or materials. Among the actions and content PN considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; terroristic and/or abusive and/or threatening messages sent to others; and unauthorized use of computer resources. PN believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon these rights is void of legitimacy. PN will comply with DMCA takedown requests from copyright holders.
Cooperation with Other Providers
Using PN’s facilities to engage in activities to violate the Terms of Service of any other network access provider is prohibited. For example, sending unsolicited commercial email through PN’s facilities to the subscribers of any other Internet or mail service provider that disallows unsolicited commercial email is prohibited.
Consequences of Violation
Violation of this Policy by a PN customer may result in temporary suspension or permanent termination of service, at PN’s sole discretion.
PN does not issue service credits for any outages incurred through service disablement resulting from policy violations.
PN reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
PN exercises absolutely no control over the content of the information passing through or contained on PN’s system(s) or connection(s); PN only provides access. The Customer must take responsibility for Customer's actions on PN’s system(s) and any system(s) Customer may access using PN’s service. The Customer must comply with whatever rules or acceptable usage policies are in force for each system accessed. If the Customer acts irresponsibly or the Customer's actions endanger our systems, connections, or other customers' privileges, or if PN receives notice about such behavior PN may suspend Customer's access at any time, without notice.
It is the Customer's responsibility to actively avoid any content offensive to said Customer on any system that may be reached using access provided by PN. The Customer takes full responsibility for all statements made in email, chat or discussion forums and newsgroups.
The Internet and its users do not welcome unsolicited email (spam), multiple postings of the same information in newsgroups, advertising in most of the newsgroups (spam) or general disrespect for other users.
PN has a policy of total non-censorship, unless the information is illegal and/or clearly used for fraud. Content providers must clearly identify material unsuitable for minors and use appropriate rating systems to prevent access by minors. Parents and guardians are responsible for exercising control over minor's access and connection to information on the Internet.
Internet access accounts are for ONE Customer's exclusive and individual use on only ONE network for ONE entity - company, house, office, etc.; sharing or reselling access to the same account is not allowed. PN will terminate an account for sharing their PN connection with neighbors, other businesses in the same building, other dwelling units, etc. This is both a business decision and a security matter. If you are sharing your connection, we are providing more bandwidth to more people for less money. This means our calculations for profitability of your connection are not accurate which means your pricing will have to increase. If every customer shared their connection, your price would have to double! If you are sharing your connection, others can abuse your connection and potentially subject you to large civil penalties and criminal action. We do not have a contractual relationship with anyone you share your connection with and we cannot accurately respond to a subpoena served on us for "your" illegal activity. This means YOU will be legally identified as the person performing any illegal activity.
No system has unlimited resources. PN expects Customers to act responsibly when using resources on our system. If a Customer consumes excessive resources on any PN system(s) or connection(s) we may suspend or cancel Customer's access at any time. Excessive resources are defined as more resources than one person could reasonably consume during an interactive session. If the Customer's access is suspended or cancelled by PN for excessive use of resources and/or irresponsible behavior or actions (to be determined solely by TN), Customer may be entitled to the return of prepaid access fees on a prorated basis at the sole discretion of PN.
Unlawful or Unauthorized Usage
PN’s network of information services may only be used for lawful purposes. Transmission of any material in violation of any State or Federal legislation is prohibited. This includes copyrighted material, material legally determined to be threatening and material protected by trade secret.
Any attempt by the Customer to access or modify any computer system information that said Customer is not authorized to access, or any attempt to interfere with normal system operations, whether on the equipment of PN, or of any computer systems, or networks that can be accessed by PN’s services, will result in immediate suspension of Customer's access. Unauthorized activities include guessing or using passwords other than those belonging to the Customer, accessing information that does not have public permission, and accessing any systems on which Customer is not an authorized user.
PN cooperates fully with government entities with proper jurisdiction and authorization while investigating unlawful activity on or via our systems or connections. PN will seek damages for any incidents of unlawful or unauthorized usage of our systems or connections.
Termination of Service
When any dedicated access (fiber or colocation) account is cancelled with 60 days advance written notice by the Customer and the account is in good standing when cancelled, a pro-rated refund less any termination fees and/or penalties and/or telephone company charges will be issued within 60 days via the same method of customer payment. Any Customers with a dedicated access account may be charged an early termination penalty as stipulated in the Customer's contract or listed on www.planet.net - whichever fee is lower shall apply. No refunds will be issued for wireless services. Pre-purchase of wireless service from PN entitles the Customer to use service for the full period of payment whether or not service is used. All Customer email accounts, email messages, and web pages will be deleted immediately upon account termination. When an account is cancelled by PN for non-payment, violation of any or all of the terms above, or for any other reason at our sole discretion, no refund will be given and all Customer email accounts, email messages, and web pages may be deleted immediately.
Account Billing & Cancellation
Invoices are sent via postal mail or via email a minimum of 30 calendar days before the due date. Automatic credit card Customers will be charged no more than 5 days before the invoice due date and an email receipt will be sent to the Customer's administrative email address. Two days before the due date, the Customer's administrative email address will begin to receive daily messages about pending automatic suspension of PN services. When any account is past due for a period of more than 7 days, PN may discontinue or suspend Customer's service for non-payment. If payment is not received within 7 days after the due date of any invoice, PN is authorized to charge Customer’s credit card on file for the full amount of any invoice due. A reconnection fee equivalent to the current installation/setup fee will be assessed and must be paid before account is reactivated. Discounted setup charges or other discounts as a result of any promotion(s) or special offer(s) may not be applied to service reconnection fees. After Customer's service is suspended for non-payment, a security deposit may be required (solely at the discretion of TN) to reactive service. There will be no refund or credit by PN to Customer for the time period for which service is suspended. Customer will continue to be billed and is liable for all PN and communication/phone company charges until service is permanently disconnected which will happen 30 days after suspension of service. When service is permanently disconnected for non-payment, the full amount due under Customer’s contract or initial term will immediately be sent to collections and Customer will be liable for all legal and collections fees in addition to all service fees, early disconnection fees, and phone/communication company disconnection charges. To cancel a PN account Customer must have fulfilled all of Customer’s obligations under Customer’s contract to PN. Customer’s obligations under all contracts include payment for all services requested by Customer and made available to Customer regardless of the use or non-use of said services. PN will only cancel an account when Customer’s contractual obligations are fulfilled and PN is notified in writing at least 60 days BEFORE the end of the contract period. All Customer accounts will renew automatically for the same time period as the initial contract period unless both PN and Customer agree to change the contract period in writing at least 30 days before the renewal of Customer’s contract. Customers without a written contract are bound by the current PN terms and conditions usage policy. The terms and conditions specified in this document are subject to change from time to time without notice, however all changes will be posted to https://www.planet.net/usagepolicy/ which will always contain the current version.
Quality Assurance Records
All customer and prospective customer interactions with PN staff via phone, text message, email, instant messenger, social media including Facebook Messenger, Twitter DM, web chat, or other technology which may be used for communications are recorded and periodically reviewed for quality assurance and coaching purposes.