Acceptable Use Policy for InternetMyWay's Services

Definitions.
As used in this Policy, references to "InternetMyWay," "we," "us" and "our" shall refer to InternetMyWay. and its affiliates; references to "you" and "your" shall be to any person, firm, organization or company that receives services from InternetMyWay, including all end-users of any InternetMyWay provided services or the InternetMyWay network; and "Policy" shall mean this "Acceptable Use Policy for InternetMyWay Products and Services."

Responsibility to Abide by Policy.
As an ongoing condition of our providing you with any service, you agree to abide by this Policy. You are responsible for your activities and for ensuring that anyone who uses the InternetMyWay network or services from or through you shall abide by this Policy. You are responsible for maintaining the basic security of your own computer systems to prevent their use by others in a manner that violates this Policy.

General Provisions

Expectations on Use.
You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.

Responsibility for Content and Communication.
You are solely responsible for your content and communications. We act only as a passive conduit for online distribution and publication of information. We cannot possibly censor, control, monitor or referee all content or communication that is accessible through a InternetMyWay service or over the InternetMyWay network. However, we reserve the right to monitor and take any action with respect to your content or communication if we believe, for any reason in our sole discretion, it may diminish the quality of our services, harm our reputation, affect our ability to provide services, create liability for us or cause us to lose the goodwill of our customers or general public

No Expectation of Privacy.
You should be aware that, although privacy issues are very important to us, you should not have an expectation of privacy in your use of any service. We cannot ensure that all private communications will remain private. We reserve the right to periodically monitor our customers' network connections, equipment (including, without limitation, any customer premise equipment in support of service), and network traffic, and to gather information based on such monitoring, and to take such other actions as InternetMyWay shall solely determine to be necessary for the purpose of ensuring network security and performance.

Restrictions on Use

Lawful, Worthwhile and Ethical Use Only.
InternetMyWay services and facilities may be used only for lawful, worthwhile and ethical purposes. Your transmission, distribution of any material over the InternetMyWay network or by means of a InternetMyWay service (directly or indirectly) shall not: (a) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) be used in connection with a civil or criminal violation of any local, state, federal or international law, statute, ordinance, regulation or government requirement (including, without limitation, the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising; theft; fraud; forgery; or misappropriation of funds, credit cards, or personal information); (c) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing or be construed as an attempt to inflict emotional distress; (d) be obscene or contain pornography; and (e) contain any viruses, Trojan horses, worms or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information, including, without limitation, "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", or "Mp3."

Spamming Prohibited.
You may not distribute unsolicited commercial or informational messages ("spam") or take any other action which imposes an unreasonable or disproportionately large load on our infrastructure. At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate your messages without delivering them or prevent messages from reaching you. The following are expressly prohibited: (a) excessive usage of CPU time or storage space; (b) use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for your own account; (c) use of another site's mail server to send out unsolicited commercial or informational messages that reference a InternetMyWay site or cause others to reply to a InternetMyWay address or to use another site's mail server to relay mail without the express permission of the site; and (d) sending chain mail, charity requests, petitions for signatures, commercial advertising, informational announcements or unsolicited mail messages that in InternetMyWay’s sole discretion might reasonably be expected to provoke complaints.

Logon Limitations.
There are no limits to the amount of times a user may log on to service. However those users who regularly exceed 325 hours a month usage are subject to disconnect. All subscribers that are logged in and have no activity (are idle) for 10 minutes may be disconnected from the service. Use of a ping or “keep alive” program, auto-emailing, or any other means to circumvent this process by any subscriber is strictly prohibited and may result in account being terminated due to abuse! The determination of what abuse is shall be at the sole determination of Internet My Way. There is also a mandatory 4-hour continuous use session limit. This means that if a subscriber is online for a continuous period of 4 hours, subscriber is subject to an automatic disconnect. Subscriber may immediately dial back into the service after either type of disconnect. Internet My Way reserves the right to adjust these limits or include additional limits as Internet My Way feels is necessary. If you are a typical Internet user the above policy will be of no concern to you. If you are they type that feels they need to stay connected to the Internet 24hrs a day, 7 days a week, our service is not for you.

Misuse of InternetMyWay’s Network or Services Prohibited.
You may not without authorization do or attempt to do any of the following: (a) forge any TCP/IP packet header (or any part of the header information in an email or a newsgroup posting) or gain access to any account or computer resource not belonging to you (e.g., "spoofing") or otherwise hack, crack into, monitor, access, use, probe, or scan without authorization any system, network, data, traffic or security authentication measure; (b) obtain or attempt to obtain service by any means or device with intent to avoid payment; (c) access, alter, or destroy any information of any InternetMyWay customers or end-users by any means or device; (d) engage in any activities that will interfere with or cause a denial-of-service to any InternetMyWay customer or end-user or other Internet user, host or network (e.g., synchronized number sequence attacks, broadcast attacks, mailbombing, flooding, or deliberate attempts to overload a system); (e) use InternetMyWay products or services in violation of law or in aid of any unlawful act; (f) post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which violate the rules of such newsgroup, forum, or list or are off-topic according to the charter or other owner-published FAQ or description of the group, forum or list; (g) engage in any prohibited activities using the service of another provider, but channeling such activities through a InternetMyWay related server, or using a InternetMyWay related server as a maildrop for responses; (h) resell access to CGI scripts installed on our servers; (i) falsify user information provided to InternetMyWay or to other users of the service in connection with use of a InternetMyWay service; or (j) permit any open mail relay condition to exist in any SMTP mailserver which you maintain on InternetMyWay network.

Consequences

Suspension, Termination or Other Action.
Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service (in whole or in part), or other action appropriate to the violation, as determined by InternetMyWay in its sole discretion. We reserve the right to take any such action without notice at any time, as determined by us in our sole discretion. InternetMyWay may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations or alleged violations of this Policy (even if, upon investigation, no violation is found). You will be liable to us for any damages incurred by us or amounts that are required to be paid by us that arise out of or are related to your violation of this Policy, including, without limitation, damages paid to third parties, cost of repairs or replacements, reasonable attorneys fees or other costs or damages incurred by us.

Interpretation

Policy not Exhaustive.
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 and ethics of the Internet community or the community at large, whether or not expressly mentioned in this Policy, is prohibited. We reserve the right at all times to prohibit activities that damage our commercial reputation and goodwill or affect the quality of our services or our ability to provide services.

Modification

Policy May Be Modified at Any Time.
InternetMyWay reserves the right to modify any provision of this Policy at any time without notice. Revisions will be effective when posted to the InternetMyWay public website or otherwise distributed generally to InternetMyWay customers.

Reporting Network Abuse

Reports and Complaints.
Any party seeking to report any violations of InternetMyWay’s Policy may contact InternetMyWay via e-mail: abuse@InternetMyWay.com. When possible, please include details that will help us to investigate and resolve the complaint.

Revised: May 1, 2003