SpeedFactory Appropriate Use Policy This Appropriate Use Policy (AUP) was designed to help protect our customers, and the Internet community, from irresponsible or illegal activities. As good "netizens," we prohibit the impersonation of others, unsolicited commercial appeals, and any disruption of Internet services. Examples of such prohibited activities are given below: Impersonation: Attempting to impersonate any person, using forged headers or other identifying information of any type is prohibited. The use of anonymous re-mailers and nicknames does not constitute impersonation. Network Unfriendly Activity: Activities which adversely affect the ability of other people or systems to use SpeedFactory services or the Internet is prohibited. For example, sending unsolicited, mass electronic mail messages to one or more recipients or systems ("Spamming") is a gross violation of this AUP. This action will result in an immediate fine of $500 or more depending upon the severity of the abuse. Privacy Violations: Attempts, whether successful or not, to gain access to any computer system or company or customer's data without the appropriate consent is prohibited. Any such attempt will constitute immediate termination, and will be dealt with to the fullest extent of the law. Unlimited Access: SpeedFactory's unlimited access accounts are described as "Unlimited Active Access." This means that SpeedFactory's customers may remain connected for as long as necessary while the individual account is ACTIVELY being used. This does NOT mean that customers may stay connected to SpeedFactory's services indefinitely. While SpeedFactory is happy for customers to use the account as much as necessary, leaving a modem connected when not being used (known as "modem camping") robs others of connect time. SpeedFactory therefore requests that customers be courteous and prudent in their use of unlimited access accounts. SpeedFactory considers connections lasting over 200 hours a month to be dedicated. SpeedFactory does offer dedicated connections if required. Please call our sales department for more information. Modem Camping: Modem camping is prohibited and SpeedFactory's policy relating to it is strictly enforced. Idle modems will be disconnected after 30 minutes of idle time. Modems that are intentionally are unintentionally left to periodically poll the mail server or send pings or other random packets over a long period of time will also be disconnected. Repeat offenders of SpeedFactory's modem camping policy may be subject to account termination. Business Use of Residential Plans: SpeedFactory offers both high speed residential and business connectivity options. All business services are dedicated or metered based on time online or bandwidth usage. Residential plans are designed for an individual user or household and not intended for shared use as in a business environment. Any use of a residential plan in a business environment is a violation of this user agreement and subjects the account to immediate termination. Web Space Usage: Personal Web space is provided in accordance with the type of account selected for the individual use of the subscriber. Web space may be shared with members of the account holder's immediate family, but may NOT be shared, re-sold, or sublet to other individuals or companies for any reason whatsoever. Commercial Web pages are available as a business service to companies or to individuals conducting e-commerce over the Internet, but are expressly prohibited for Individual user accounts without prior consent from SpeedFactory management. SpeedFactory, from time to time, does occasionally grant permission for small proprietorships to use personal Web space for commercial purposes especially if used for non-profit reasons; however, such permission will be granted on a case by case basis. Subscribers desiring such an arrangement should contact SpeedFactory for rates and other information on these accounts. Use of Account: a) Sharing SpeedFactory's Unlimited Accounts with anyone other than immediate family member, or re-selling service without express written consent from SpeedFactory, or offering any public information service, such as running a Web server or FTP server, is expressly prohibited. b) Local access dialup numbers may not be available in all areas. You are solely responsible for determining if use of a particular dialup number will cause you to incur long-distance, toll, or other charges. Speed Factory is not responsible for any long-distance, toll or other telecommunications charges you incur. Inactivity Timers: All accounts are subject to inactivity timers designed to log customers off after long periods of inactivity. The use of any application program or other software that purposefully defeats SpeedFactory's inactivity timers is expressly prohibited. Customers that require a 24-hour, 7-day/week connection should contact SpeedFactory's Customer Support Group at 770.261.7200 or send an email to support@speedfactory.net for information regarding this requirement. Disruption of Service: SpeedFactory makes every effort to make its services available 100% of the time. However, there will be situations, e.g., inclement weather, storms, fire, and "other acts of God," that may temporarily disrupt service from time to time. Although SpeedFactory will take prudent steps to ensure service continuation, including duplication of services, content backup, etc., IT IS THE RESPONSIBILITY OF THE SUBSCRIBER TO MAINTAIN BACKUP COPIES OF ANY AND ALL FILES FOR DOMAINS HOSTED BY SpeedFactory. In the event of a system or server crash, or other disruptive events, the Subscriber may be required to re-load the backup files onto the server for reestablishment of service. Excessive Bandwidth or Disk Utilization Guidelines: SpeedFactory account descriptions and pricing plans specify limits on bandwidth and disk utilization. Usage in excess of these limits is not permitted without additional fees. It should be noted: a) Bandwidth utilization is determined by the total number of bytes transferred from a Subscriber's Web and FTP space onto the Internet. b) Disk utilization is determined by the total number of bytes required to store a Subscriber's Web and FTP data on SpeedFactory's Web server. c) Personal Web sites are subject to a maximum of 100 megabytes per month of file transfer. Sites that receive hits in excess this amount will be subject to higher commercial rates. Penalties for Exceeding Bandwidth or Disk Utilization Limitations: In the event SpeedFactory determines that an account is exceeding the bandwidth or disk utilization limitations, the Subscriber of Record will be notified by e-mail. If the excess use continues for more than 48 hours after such notification, the owner may be requested to upgrade the account's service to include greater bandwidth or disk utilization parameters, or to modify the activity that is creating the excess use. If excessive bandwidth or disk space utilization is determined to adversely affect SpeedFactory's ability to provide service, SpeedFactory reserves to right to take immediate action including if necessary the suspension of the Subscriber's services. Should this be required, the Subscriber will be notified by email as quickly as possible. SpeedFactory email guidelines are as follows: a) Commercial E-mail, Mail Bombing/UCE, Harassment: Sending unsolicited commercial e-mail is strictly prohibited. Using a SpeedFactory e-mail address to collect responses from unsolicited commercial e-mail is strictly prohibited. Sending large volumes of unsolicited e-mail ("Spamming") is strictly prohibited. Sending threatening or harassing e-mail is strictly prohibited. Fines equaling or exceeding $500.00 may be assessed for first-time abusers in addition to forfeiture of any initial deposits or payments, and other legal options. Payment for Services: Timely payment of any and all amounts due is strongly requested. Late payments may result in immediate service suspension and/or account cancellation. Internet Relay Chat (IRC) Restriction: The use of IRC bots is prohibited, as is the violation of any accepted policies on IRC servers. If SpeedFactory is banned from a server, the offending account will be terminated. Access Rights by SpeedFactory: It may be necessary for SpeedFactory employees to examine system accounting logs and other records to resolve system problems. SpeedFactory reserves the right to access an account's mailbox to resolve system problems or mail system errors. In addition, SpeedFactory will cooperate with the appropriate legal authorities in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity. SpeedFactory makes no guarantee and assumes no liability for the security of any data on any server including "secure servers." SpeedFactory's customers are reminded that no computer system should be considered safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication even if encrypted. Notes on Free Speech and the Internet: This document provides a general understanding of SpeedFactory's Appropriate Use Policy for services provided. Common sense and judgement are a necessary part of any system of rules, and this AUP is no exception. It should be noted that: a) Flagrant or repeated violations of the Policy are viewed as being more offensive by SpeedFactory than minor infractions, and will therefore result in harsher actions by SpeedFactory. Protection of its customers and its resources, the ability to provide quality service to its customers, conformance with existing law, and the protection of its reputation as a service provider are all contributing factors to decisions by SpeedFactory on AUP violations. b) It is SpeedFactory's intention to allow SpeedFactory Subscribers access to everything the Internet has to offer with minimal or no interference. SpeedFactory endorses "free speech" Cyber Patrol, Net Nanny, Surf Watch as a Constitutional right; however, free speech does not include the authority to impinge the rights of others. c) SpeedFactory does not censor the content of any email or Web sites. SpeedFactory believes such choices should be left to the individual. We do advise our users that tools, such as Cyber Patrol, Net Nanny, and Surf Watch , are available to screen an account's access to domains that one may consider to be offensive. It is the Subscriber's responsibility to make use of such tools if desired. d) SpeedFactory does not monitor the activity of accounts except for measurements of system utilization and billing records; however, in its efforts to promote "netizenship" within the Internet community should SpeedFactory become aware of inappropriate use of its services, the Company will respond appropriately and to the legal limits of the law. e) If a SpeedFactory Subscriber or Account Holder violates one or more of the AUPs, SpeedFactory reserves the right not only to terminate any and all services without notice, but to access financial penalties as well. SpeedFactory's preferred course of action is to advise the Subscriber of the inappropriate behavior and the corrective action necessary. However, blatantly intentional and flagrant violations of the AUP will result in immediate termination of service and fines of $500 for the first offense. f) In the event that an account is temporarily inactivated (suspended) as a result of any prohibited activities, the Subscriber holding that account may be subject to reactivation charges and/or deposit requirements to be determined by SpeedFactory. Subscriber Agreement: Note that by using any of the SpeedFactory Services, the Subscriber agrees to have read and understood Speed Factory's Acceptable Use Policy, that the Subscriber agrees to abide by the AUP, that the Subscriber is at least 18 years old, and that the Subscriber is legally able to enter into this agreement.