Actions Taken by Panlogic:
Due to the special system and network requirements of adult-oriented sites, pornography is prohibited. This includes sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
If a loss of data stored on Panlogic’s server occurs whilst using Panlogic’s services and is deemed that a loss of data is the fault of Panlogic. Panlogic will provide cost free backup and data recovery for lost data up until the last differential available. Panlogic shall be the sole arbitor of the cause of the data loss. If the cause of the data loss is the fault of the client, there will be a fee of £45.00 for any data recovered.
The use of Panlogic’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Panlogic is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
The Digital Millennium Copyright Act (“DMCA”) sets forth the requirements for valid copyright infringement notification. If you would like to notify Panlogic of an infringement of your copyright, the DMCA requires that you:
- Send your notification to Panlogic’s designated agent. You may choose any of the following three avenues for this notification:
- Email to firstname.lastname@example.org
- Fax to Panlogic, Attention: Abuse at +44 (0)208 948 6611
- Mail or courier to Fitzroy House, 3 Paradise Road , Richmond , Surrey TW9 1RX
- Include in your notification the following information:
- A physical or electronic signature of the copyright owner or a person authorised to act on the copyright owner’s behalf (the “Claimant”)
- Identification of the copyrighted work(s) claimed to have been infringed
- Identification of the material claimed to infringe the copyright(s), and enough information for Panlogic to locate it
- The Claimant’s name, address, and telephone number(s)
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorised by the copyright owner or his agent
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorised to act on behalf of the copyright owner
Clients are required to use the Panlogic network responsibly. This includes respecting the other clients of Panlogic. Panlogic reserves the right to suspend and/or cancel service with any client who uses the Panlogic network in such a way that adversely affects other Panlogic clients. While Panlogic may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Panlogic does not monitor its clients’ communications or activities to determine whether they are in compliance with the TOU. However, when Panlogic becomes aware of any violation of the TOU or other user agreements, Panlogic may take any action to stop or correct such violation, including, but not limited to, denying access to Panlogic’s services and equipment or to the Internet. In addition, Panlogic may take action against a client or a client of such client because of the activities of such client. Panlogic anticipates that clients who offer Internet services will cooperate with Panlogic in any corrective or preventive action that Panlogic deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Panlogic policy and Panlogic reserves the right to take any such action even though such action may affect other clients of the Panlogic client.
Panlogic servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation, is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
Additionally, in purchasing Panlogic services, all Panlogic clients certify that they and/or the organisation they represent in procuring services from Panlogic are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organisations on the list contained in the Annex to Executive Order 13224 and all updates thereto. Panlogic reserves the right to fine clients who break this clause up to £5,000.00 in damages.
Server and System Abuse:
Violations of system or network security are prohibited and may result in criminal and civil liability. 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; interference with service to any user, host or network including, without limitation, mail bombing, 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.
Panlogic or its related persons shall not be held liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable, based on claims of the client or its clients, (including but not limited to, claims for loss of data, goodwill, profits, use of money or use of the software, interruption in use or availability of data, stoppage of other work or impairment of other assets), arising out of breach of implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, except only in the case of personal injury where and to the extent that applicable law prohibits exclusion of such liability. In no event will the aggregate liability which Panlogic and its related persons may incur in any action or proceeding arising out of performance or non-performance of this agreement exceed the total amount actually paid to Panlogic by the client for the specific product or service that directly caused the damage.
UCE (Unsolicited Commerce Email) – SPAM:
Spamming, the sending of unsolicited mass email from or through an Panlogic server or using an email address that is maintained on an Panlogic machine is STRICTLY prohibited. Panlogic will be the sole arbiter as to what constitutes a violation of this provision. clients are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a website hosted on an Panlogic server, or if they sell or distribute software on their website that facilitates spamming. Violators will be assessed a minimum fine of £250.00 and will face immediate suspension. Panlogic also will enable precautions to monitor security and UCE on servers within European and United States guidelines.
Please report any instances of spamming from Panlogic specific servers/IP’s to email@example.com detailing as much information as possible, clearly identifying the source of the unsolicited email. This will then be investigated, dealt with and replied to within 24 hours.
Viruses and Other Destructive Activities:
Use of Panlogic’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any client to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Panlogic’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.