Acceptable Use Policy (AUP)

Introduction

BurstBand provides a variety of Internet services to residences (the "Services"). The BurstBand ® residential service allows subscribers to connect to the Company's high-speed backbone network and the Internet.

The Services use resources that are shared with many other customers. Moreover, the Services provide access to the Internet which is used by millions of other users. Each user benefits by being able to share resources and communicate almost effortlessly with other members of the user community. However, as with any community, the benefits and privileges available from the Services, and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive experience.

Use of the Services is subject to the following rules and guidelines. Each customer of BurstBand or its distribution affiliates is responsible for ensuring that the use of all Services provided to such customer complies with this Acceptable Use Policy (the "Policy").

ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY THE BurstBand CUSTOMER SERVICE DEPARTMENT SO THAT THE USER'S ACCOUNT MAY BE CLOSED.

Illegal Activity

The use of the Services for any activity that violates any local, state, federal or international law, order or regulation is a violation of this Policy.

Prohibited activities include, but are not limited to:

Posting or disseminating material which is unlawful (such as child pornography or obscene material).

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.

Any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature.

Use of a BurstBand server as a proxy server or as a server in a proxy network.

Use of a BurstBand server as an IRC server. This includes bouncers, bots, and daemons.

Using a BurstBand server for malicious and/or illegal activity, including but not limited to:

* Running root exploit kits against other servers
* Scanning other networks
* Forging or misrepresenting message headers, in whole or in part
* Intentional distribution of viruses, worms, trojan horses, or other destructive activities
* Export control violations

Security

You are responsible for any misuse of the Services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or customer with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services.

The Services may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. The Services may not be used to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

The Services can not be used for any storage that is unrelated to your primary web front. Your storage space and bandwidth is purely available for storage of web files. The services can also not be used for file sharing, file mirroring/hosting, or any activity that could possibly disrupt the services for other users.

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 also is prohibited. The Services may not be used to violate the rules, regulations, or policies applicable to any network, server, computer database, or web site that the Customer accesses. 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, BurstBand recommends against enabling file or printer sharing of any sort. BurstBand recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.

The following activities are strictly forbidden on all BurstBand Web Hosting products

Inappropriate Content

There may be content on the Internet or otherwise available through the Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. Neither BurstBand nor any of its distribution affiliates can assume any responsibility for the content contained on the Internet or otherwise available through the Services. You must assume the risk of accessing content through the Service, and neither BurstBand nor any of its distribution affiliates shall have any liability 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. 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, including but not limited to content posted in your Personal WebSpace. You must ensure that any content that you may disseminate is appropriate for its intended recipient(s). For example, you must take proper precautions to prevent minors from receiving inappropriate content. BurstBand and its distribution affiliates reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

Neither BurstBand nor any of its distribution affiliates has any obligation to monitor transmissions made on the Services. However, BurstBand and its distribution affiliates have the right to monitor such transmissions from time to time and to disclose the same in accordance with your subscriber agreement.

By using the Services to reproduce, publish, display, transmit and distribute content, a user is warranting that any content that the user may reproduce, publish, display, transmit, or distribute complies with this Policy.Through these actions, a user also authorizes BurstBand and its distribution affiliates to reproduce, publish, display, transmit and distribute such content as necessary for BurstBand to deliver the content in a timely manner.

Electronic Mail

The BurstBand network is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily at the BurstBand network's sole discretion.

BurstBand Internet Service customers are prohibited from the following types of e-mail activity, as highlighted and explained in the Subscriber Agreement:

" E-mail services may not be used to send unsolicited bulk or commercial messages.

" E-mail services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you.

" E-mail services may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services which violates the Subscriber Agreement or the Acceptable Use Policy of any other Internet service provider. Moreover, unsolicited e-mail may not direct the recipient to any Web site or other resource that uses the e-mail services.

" Forging, altering or removing electronic mail headers is prohibited.

" You may not reference the www.ccom.net network (e.g. by including "Organization: BurstBand" in the header or by listing an IP address that belongs to the BurstBand network) in any unsolicited e-mail even if that e-mail is not sent through the BurstBand network.

" "Mail bombing" is prohibited. That is, 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.

The BurstBand network is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will either be returned to sender, ignored, deleted, or stored temporarily at the BurstBand network's sole discretion. E-mail or BurstBand network security abuse should be reported to the BurstBand Abuse Department at abuse@ccom.net.

Newsgroups

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.

Posting or cross-posting the same or substantially similar messages to more than eight newsgroups is prohibited. Our news software will automatically cancel any messages posted to nine or more newsgroups.

Binary files may not be posted to newsgroups not specifically named for that purpose. Users posting binary files to groups with policies concerning the permissible daily volume of posted files are required to observe those limitations.

Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

the BurstBand network reserves the right to discontinue access to any Usenet newsgroup at any time for any reason.

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.

The Usenet news service included with an BurstBand residential service account is provided for interactive use by the subscriber, using a commonly-available NNTP client such as Netscape Communicator. Non-interactive clients which download Usenet articles in bulk are prohibited.

Internet Relay Chat

The Services may be used to participate in "chat" discussions. These discussions may be hosted by BurstBand network servers, by third party servers, or may not involve any servers at all. In all cases, the BurstBand network does not normally 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". Automated programs may not be used when the account holder is not physically present at the device.

The Services may not be used to send messages which disrupt another Internet user's equipment, including software, hardware, and user display.

The Services 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 to connect to chat servers or channels from which they have been previously banned.

The Services may not 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 (other than using a nickname from which BurstBand could if necessary determine your real name) while participating in chat sessions is forbidden.

Messenger

BurstBand does not, and cannot, monitor, censor or edit the contents of Users' instant messages. Users alone are responsible for the contents of their instant messages and the consequences of any such instant messages.

You agree that you will not use Messenger for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use Messenger to send any message or material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Continuing to send messages to anyone that has expressly requested not to receive messages from you is considered to be harassment.

BurstBand assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store instant messages.

WebSpace

As part of the Services, BurstBand provides storage space and access for web pages through its Personal WebSpace service. You are solely responsible for any information that you publish on your Personal WebSpace. You must ensure that the intended recipient of the content is appropriate. For example, you must take appropriate precautions to prevent minors from receiving inappropriate content. BurstBand and its distribution affiliates reserve the right to remove or refuse to post any information or materials, in whole or in part, that they, in their sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example). For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

BurstBand will not routinely monitor the contents of your WebSpace; however, BurstBand and its distribution affiliates have the right to monitor such and if complaints are received regarding language, content or graphics contained on your web pages, BurstBand may remove the web page hosted on BurstBand servers and terminate your Personal WebSpace service if BurstBand determines that you have violated the terms of the AUP.

Bandwidth, Data Storage and Other Limitations

You must comply with the then current bandwidth, data storage and other limitations on the Services.

Users must ensure that their activity does not improperly restrict, inhibit, or degrade any other user's use of the Services, nor represent (in the sole judgment of BurstBand ) an unusually large burden on the network itself. In addition, users must ensure that their activity does not improperly restrict, inhibit, disrupt, degrade or impede BurstBand 's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

BurstBand residential customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of BurstBand . For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news service, or send a news feed. You may not use the BurstBand residential service for commercial purposes. The BurstBand residential service offering is a consumer product designed for your personal use of the Internet. For example, the service does not provide the type of security, upstream performance and total downstream throughput capability typically associated with commercial use.

You may not run a server in connection with the BurstBand residential service, nor may you provide network services to others via the BurstBand residential service. The BurstBand residential service includes personal Webspace accounts for publishing personal Web pages. Examples of prohibited uses include, but are not limited to, running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums. For information about @Work products for commercial or network services purposes, including commercial-grade remote LAN access, please see http://www.ccom.net.

Violation of Acceptable Use Policy

BurstBand does not routinely monitor the activity of accounts for violation of this Policy. 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. Although BurstBand has no obligation to monitor the Services and/or the network, BurstBand and it various affiliates and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate the Services; to identify violations of this Policy; and/or to protect the network and BurstBand users.

BurstBand prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way which BurstBand or its distribution affiliates, in their sole discretion, believe violate this Policy, BurstBand or its distribution affiliates may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. Neither BurstBand nor its distribution affiliates will have any liability for any such responsive actions. The above described actions are not BurstBand 's exclusive remedies and BurstBand may take any other legal or technical action it deems appropriate.

BurstBand reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on BurstBand 's servers and network. During an investigation, BurstBand may suspend the account or accounts involved and/or remove material which potentially violates this Policy. You hereby authorize BurstBand and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. Such cooperation may include BurstBand providing the username, IP address, or other identifying information about a subscriber. Upon termination of an account, BurstBand is authorized to delete any files, programs, data and email messages associated with such account.

The failure of BurstBand or its distribution affiliates to enforce this Policy, 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 Policy 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 Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of Washington.

User also agree's to abide by all rules, regulations, and terms, set forth in our SLA (Service Level Agreement), Privacy Policy, and Cancellation Policy.