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Acceptable Use Policy

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Acceptable Use Policy
This Acceptable use Policy ("AUP") provides rules and guidelines for use of the Internet and network access services (the "Services") provided by your Company (Company) and the equipment provided or leased by Company for the transmission of the Services (the "Equipment"). Use of the Services constitutes acceptance of and agreement to abide by all of the policies set forth in this AUP, which are in addition to and supplement the Terms and Conditions in effect from time to time and should be read in conjunction with the Terms and Conditions. The current version of the Terms and Conditions may be found at Violation of this AUP may result in immediate suspension and or termination of the Services.
Use of the Services and Equipment is subject to the following rules and guidelines. Each customer of Company or its distribution partners is responsible for ensuring that all end-users of the customer that use the Services and Equipment provided to such customer comply with this AUP.

Illegal Activity
The use of the Services and Equipment for any activity that violates any local, state, federal or international law, order or regulation is a violation of this AUP. Prohibited activities include, but are not limited to:
• Posting or disseminating material which is unlawful (such as child pornography);
• Disseminating material, which violates the copyright or other intellectual property rights of others. You assume all risks regarding the determination of whether material is in the public domain;
• Pyramid or other illegal soliciting schemes; and
• Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.
You are responsible for conduct in violation of this AUP by any end-user of the Services or Equipment that you have contracted for (for example, an employee, customer, friend, family member or guest with access to your account). Therefore, you must use reasonable care to ensure that others do not gain unauthorized access to the Services or Equipment and that users with access to your account are aware of and abide by this AUP. You may not use or distribute tools designed for compromising security, such as password guessing programs, cracking tools, packet-sniffers or network probing tools against Company-owned facilities or network nodes. You may not disrupt the Services. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software, which contains a virus or other harmful feature, is prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, Company recommends against enabling file or printer sharing of any sort. Company recommends that any files or services you do choose to make available for remote access be protected with a secure password or as otherwise appropriate. Company recommends a firewall to protect your network.

Inappropriate Content
Content on the Internet or otherwise available through the Services may be offensive to some individuals, or may not be in compliance with all applicable laws and regulations. For example, it is possible to access content that is pornographic or offensive, particularly for children. Company cannot and does not assume any responsibility for the content on the Internet, through Usenet or otherwise available through the Services. You assume the risk of accessing content through the Service, and Company shall not be liable for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Parents may want to use a program capable of restricting access to sexually explicit material on the Internet. Links to web sites containing blocking and filtering software are posted on the Company web site at Content questions or complaints should be addressed to the content provider. You are solely responsible for any information that you publish on the web or other Internet services. You must ensure that the material being sent is appropriate for the recipient. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole and absolute discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is lawful. Company has no obligation to monitor transmissions made on the Service or Equipment. However, Company has the right to monitor transmissions from time to time and to disclose the same to law enforcement. By using the Services and Equipment to publish, transmit or distribute content, a user is warranting that the content complies with this AUP and authorizes Company to reproduce, to publish, to distribute, and to display such content worldwide.

Electronic Mail
The Services or Equipment may not be used to send unsolicited bulk or commercial messages, including, but not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, and petitions for signatures and political or religious messages. Such messages may be sent only to those who have explicitly requested it. The Services and Equipment may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violates this AUP. Moreover, unsolicited e-mail may not direct the recipient to any web site or other resource that uses the Services or Equipment. Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your "from:" and "reply-to:" addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk e-mailers. In this case, your true address must remain obvious to any viewer. For example, you may substitute "nospam.john.smith" for "john.smith".
You may not reference Company (e.g. by including "Organization: Company" in the header or by listing an IP address that belongs to Company) in any unsolicited e-mail even if that e-mail is not sent through the Company network. "Mail bombing" is prohibited. You may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. Company is not responsible for the forwarding of e-mail sent to any account, that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily at sole discretion of Company.

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup. You may not attempt to "flood" or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup, which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to, posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text. Messages may not be canceled, except by the author or by official newsgroup moderators performing their duties. By subscribing to the Services and Equipment, you agree to indemnify Company against all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' fees, which Company may incur as a result of claims in any form by third parties, including customer's end users, relating to customer's or customer's end-users use of Usenet groups, Supernews Services, customer's other acts, omissions or misrepresentations, and any claim of intellectual property infringement related to customer's domain name. Company reserves the right to discontinue access for customer, any user or all end-users of a customer to any Usenet newsgroup at any time for any reason.

Internet Relay Chat
The Services may be used to participate in "chat" discussions. These discussions may be hosted by Company servers, by third party servers, or may not involve any servers at all. In all cases, Company currently does not, but reserves the right to, monitor the contents of the discussion and is not liable for the contents of any communications made via Internet chat. The Services may not be used to perform chat "flooding." Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. Any computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as "bots" or "clones". The Services or Equipment may not be used to send messages that disrupt another Internet user's equipment, including software, hardware, and user display. The Services and Equipment may not be used to access any chat server in violation of the acceptable use policy of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges, which have not been authorized. A customer may not use the Services or Equipment to connect to chat servers or channels from which they have been previously banned. Neither the Services nor the Equipment may be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages. Forging, altering, or obscuring your identity while participating in chat sessions is forbidden. You, may, however, use a nickname as long as all chat participants are able to discover your real name via normal Internet conventions, such as the "who is" command.

Bandwidth, Data Storage and Other Limitations
You must comply with the then-current bandwidth, data storage and other limitations on the Services. You may not resell, share, or otherwise distribute the Service or any portion thereof to any third party without the written consent of Company, which consent may be withheld in the sole and absolute discretion of Company. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide e-mail or news service, or send a news feed.

Violation of Acceptable Use Policy
Company does not routinely monitor the activity of accounts for violation of this AUP. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Services. Company prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services or Equipment are used in a way that Company in its sole discretion, believes violates this AUP, Company may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, the immediate suspension or termination of all or any portion of the Services and the reclamation of the Equipment. Company is not liable for any such responsive actions. The above-described actions are not exclusive remedies and Company may take any other legal or technical action it deems appropriate.
Company reserves the right to investigate suspected violations of this AUP, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Company servers and network. During an investigation, Company may suspend the account or accounts involved and/or remove material, which potentially violates this AUP. You hereby authorize Company to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this AUP. Such cooperation may include Company providing the username, IP address, or other identifying information about a subscriber. You agree to indemnify Company for any loss, damage or expense in the event of an action or claim brought against Company as a result of a violation of this AUP by customer or any end-user of customer.
Upon termination of an account, Company is authorized to delete any files, programs, data and e-mail messages associated with such account. The failure of Company to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that, if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This AUP shall be exclusively governed by, and construed in accordance with, the laws of the State of Texas.
Company may revise this AUP from time to time without notice by posting a new version of this document on its website at Accordingly, users of the Services should consult this document regularly to ensure that their activities conform to the most current version. Your continued use of the Services following the posting of any changes to this AUP constitutes acceptance of those changes.
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