Attachment A

Commercial Account Internet Acceptable Use Policy

In utilizing the PanOptic Commercial Internet Service, Customer (“Customer”) hereby agrees to comply with the terms and conditions of the PanOptic Commercial Internet Access Service Agreement or the PanOptic Commercial Services Master Service Agreement and associated Addenda, as applicable (the “Agreement”), including its terms and conditions, this PanOptic Commercial End-User Internet Acceptable Use Policy (the “Use Policy”), and other attachments to the Agreement and/or Commercial Master Service Agreement (“MSA”), as they may be modified from time to time by PanOptic, in its sole discretion.  In the event of any inconsistency or conflict between this Use Policy and the Agreement, the provisions of this Use Policy shall govern.  Customer agrees that the Use Policy governs Customer conduct, as well as the conduct of employees or the agents of Customer and any other persons who Customer or employees of Customer authorize to use the PanOptic Commercial Internet Service (“Users”). 

1.  General.

This Use Policy is intended to help enhance the use of the Internet generally, and the PanOptic Network specifically, by preventing unacceptable uses thereof.  PanOptic supports the free flow of information and ideas over the Internet and PanOptic does not exercise editorial control over the content of any website, e-mail, instant messages, news group, or other material created or accessible over or through the PanOptic Commercial Internet Service, except for certain proprietary websites.  However, in accordance with the Agreement, PanOptic may remove any materials that, in PanOptic’s sole discretion, it believes may be illegal, may subject PanOptic to liability or may violate this Use Policy.  PanOptic may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.  Any violation of this Use Policy by Customer may result in the suspension or termination of the PanOptic Commercial Internet Service to Customer.

 (a) if Customer has entered into a resale Agreement with PanOptic (as with the Commercial MSA in combination with the Resale Addendum), Customer agrees to cooperate in joint investigations of any violation of the Acceptable Use policy with PanOptic Communications and respond within two (2) business days, including but without limitation, to a court order, subpoena, or copy write infringement claim, security violation or conduct complaint from PanOptic or a third party and that Customer agrees to track the identity and usage of Customer’s End Users consistent with this policy in order to locate, identify and take action pursuant to upholding the policy defined herein.

2. Generally Prohibited Conduct.

 Customer agrees not to use, or allow third parties to use, the PanOptic Commercial Internet Service, the PanOptic Network, the Equipment or the Software:

 (a)  for any activity that violates any international, federal, state, agency, or local law or regulation or any person's rights, including, without limitation, by posting or transmitting child pornography or obscene material, by exporting software or technical information in violation of U.S. export control laws, or by accessing, using, copying, modifying, transmitting or downloading material in violation of the U.S. Copyright laws;

(b)  for any fraudulent activity, including, without limitation, making fraudulent offers to sell or buy products or services, or advancing any type of financial scam, including but not limited to “pyramid schemes” or “Ponzi schemes”; 

 (c)  to post or transmit any information or material that:  infringes any person's copyright, trademark, trade secret, patent or other proprietary rights; is defamatory, libelous, offensive, threatening, abusive, pornographic, sexually explicit, profane, or otherwise is unacceptable or inappropriate in PanOptic's sole discretion; constitutes or encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates the law; contains a Virus or other harmful component; or is false;

 (d)  to achieve or attempt to achieve, or assist others in achieving or attempting to achieve, any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material, or to breach or attempt to breach the security of another user, or to distribute or use tools designed to compromise the security of any system or network. This includes port scanning, port probes, and direct connection attempts to a service or system not owned, controlled or expressly permitted to be accessed by Customer;

 (e)  to improperly interfere with, inhibit, degrade or restrict the use and operation of the PanOptic Commercial Internet Service by others or PanOptic's ability to deliver the PanOptic Commercial Internet Service to users and to monitor the PanOptic Network, including, without limitation, by:

(i)  sending excessive data transfers that exceed consumption limits that are now in place or may be established in the future for the package or tier of service to which Customer subscribes;

 (ii)  interrupting or interfering with the equipment, access, servers or PanOptic Commercial Internet Service used by other users;

 (iii)  disrupting the PanOptic Network;

 (iv)  failing to comply with any bandwidth, data storage, IP address or other use limitations imposed on Customer’s use of the PanOptic Commercial Internet Service;

 (v)  transmitting or disseminating any virus or feature harmful to the operation of any system, equipment, service or software;

 (vi)  modifying or altering in any manner any modem, or modem configuration, so as to allow its use beyond the parameters outlined by the specific level of service to which Customer subscribes. This section shall apply to both customer-provided equipment as well as PanOptic-supplied the Equipment. 

 (f)  to send or to obtain for any minor, or obtain access for any minor to, any material that is harmful to minors; 

 (g)  to run a server of any type in connection with the PanOptic Commercial Internet Service except where explicitly permitted and/or with the addition of a static IP address to Customer account, or to provide network or host services to others via the PanOptic Network.  Prohibited uses include, without limitation, running servers for PPP, FTP, HTTP, DNS, POP, SMTP, NNTP, Proxy (any variety), DHCP, IRC, TELNET, TFTP, SNMP and multi-user interactive forums, and remapping of ports for the purpose of operating a server on the PanOptic Network, except as otherwise expressly permitted and/or with the addition of one or more static IP addresses to Customer’s account;

 (h)  to allow, enable, aid or assist, through action or inaction, directly or indirectly, any third party to use Customer’s computer system, the PanOptic Commercial Internet Service or the PanOptic Network for illegal actions, actions that violate the Agreement and/or the Use Policy, or other actions deemed unacceptable or inappropriate in PanOptic’s sole discretion, including but not limited to sending, forwarding or relaying unsolicited commercial e-mail or bulk e-mail;

 (i)  to permit Customer’s computer systems, through action or inaction, directly or indirectly, to be configured in such a way that gives a third party the capability to use the PanOptic Commercial Internet Service and/or the PanOptic Network for illegal actions, actions that violate the Agreement and/or the Use Policy, or other actions deemed unacceptable or inappropriate in PanOptic’s sole discretion, including but not limited to sending, forwarding or relaying unsolicited commercial e-mail or bulk e-mail; or

 (j) to operate a WI-FI or other form of wireless network that allows others who are not at Customer’s location specified in the Agreement to use Customer PanOptic Commercial Internet Service.

3.  Use of E-Mail. 

Customer agrees not to use, or allow Users to use, the PanOptic Commercial Internet Service, the PanOptic Network, the Equipment or the Software:

 (a)  to send bulk e-mail, whether of a personal or commercial nature, including, without limitation, bulk mailings of commercial advertising, informational announcements, charity requests, political or religious messages, and petitions for signatures, other than to those who have requested such e-mails via a confirmed opt-in subscription process maintained by Customer;

 (b)  to send e-mail or other messages to someone who has indicated that he or she does not want to receive messages from Customer;

 (c)  to collect or receive responses from unsolicited e-mail messages (even if such e-mail was sent from accounts on other Internet service providers or e-mail services) that violate the Agreement or this Use Policy or the terms of use under the other Internet service provider or e-mail service from which it was sent;  

(d)  to conduct "mail bombings" (i.e., to send more than ten copies of the same or substantially similar message, or very large messages or files, with the intent of disrupting a server or account);

 (e)  to send or forward chain letters (whether or not the recipient requests it); 

 (f)  to harvest e-mail addresses or personal information of other PanOptic subscribers or the subscribers of any other network;

 (g)  to use any PanOptic Commercial Internet Service subscriber’s computer as a mail relay or another Internet site’s server to relay mail without the express permission of the owner of that Internet site;

 (h)  to reveal to others Customer’s e-mail password or Customer’s user name or reveal the e-mail password or user name of other users of the PanOptic Commercial Internet Service;

 (i)  to forge, alter or remove any e-mail header; or

 (j)  to send e-mail that does not originate from the PanOptic Network but attempts to direct recipients via a link or otherwise to an Internet site on the PanOptic Network.

 Customer understands and acknowledges that use of the PanOptic Network in connection with the transmission of unsolicited commercial e-mail or bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and/or criminal penalties against the sender, including those provided by the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act of 2003 (15 U.S.C. § 7701 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), the Lanham Act (15 U.S.C. § 1125), the Racketeer Influenced and Corrupt Organizations statute (18 U.S.C.§ 1961 et seq.), state trespass laws, and other state and federal criminal and/or civil laws. 

 4.  Use of Newsgroups or Channels. 

When using the PanOptic Commercial Internet Service, the Equipment or the Software and using a Newsgroup, Channel or other public bulletin board ("Newsgroup"), Customer agrees not to, or allow Users to:

 (a)  post messages that do not comply with or are not permitted by the Newsgroup's terms of use, written charters, FAQ or similar instructions or guidelines ("Newsgroup Guidelines"), or that otherwise violate the Newsgroup Guidelines;

(b)  post or cross-post the same or substantially similar messages to more than eight (8) Newsgroups;

 (c)   forge, alter or remove header information;

 (d) circumvent the approval process for posting to a moderated Newsgroup;

 (e)  "flood", "newsbomb" or disrupt users of Newsgroups by posting a large number of messages to a Newsgroup with the intent to hinder normal discussion, cancel messages of others (except as an authorized moderator), or send excessive quantities of data to a Newsgroup;

 (f)  post binary files to Newsgroups that do not expressly permit them; or

(g)  download any Newsgroup in bulk. (PanOptic's Usenet news service included with Customer’s account is provided for interactive use by the subscriber using a commonly available NNTP program such as Microsoft Outlook Express.  Non-interactive clients must not download Usenet articles in bulk.)

 Customer may download no more than five gigabytes (5 GB) of Newsgroup content in any one month, unless Customer has purchased a service plan that permits downloading additional Newsgroup content.

5.  Use of Relay Chat Room, Chat Rooms, Bulletin Boards, Discussion Groups and Similar Interactive Programs. 

When Customer or Users participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet ("Chat Rooms"), Customer agrees not to, or allow Users to:

(a)  participate in Chat Rooms from which Customer or Users have been banned, or in a manner that violates the applicable acceptable use policy for that server or Chat Room;

 (b)  flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others);

(c)  use "bots" or "clones" on computers or other devices when using the PanOptic Commercial Internet Service (for example, Customer or Users may not participate in Chat Rooms using an automated program unless Customer or Users are actually physically present at Customer computer);

 (d)  manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges to which Customer (or Users) are not entitled;

 (e)  send Chat Room messages to recipients who have indicated their desire not to receive such messages; or

 (f)  forge, alter or hide Customer identity (other than by using a nickname from which PanOptic may, if necessary, determine Customer real name).

 6.  Criminal or Civil Liability. 

Violations of this Use Policy may result in criminal or civil liability or both.  PanOptic will investigate incidents involving violations of this Use Policy and will cooperate with law enforcement agencies if a criminal violation is suspected.  Indirect or attempted violations of this Use Policy, and actual or attempted violations by a third party on behalf of an PanOptic subscriber or a subscriber's end user, shall be considered violations of this Use Policy by such subscriber or end user.  

 7.  Other Service Providers’ Acceptable Use Policies. 

PanOptic obtains services from and relies upon many other entities to provide the PanOptic Commercial Internet Service to Customer.  PanOptic must strictly comply with the rules of all other entities that Customer may access through the use of the PanOptic Commercial Internet Access Service.  In such instances where those entities’ polices are more restrictive than the Agreement or PanOptic’s Use Policy, PanOptic will communicate those restrictions to Customer and revise the Agreement or Use Policy or both, accordingly.  Therefore, Customer agrees to and shall abide by the acceptable use policies of such other entities.

8.  Use of Personal Web Space. 

 (a)  Illegal/Adult Content.

PanOptic neither sanctions nor permits hosted Web site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including, but not limited to, child pornography, gambling, the offering for sale of illegal weapons or substances, and the promotion or publication of any material that may violate hate crime laws.  PanOptic reserves the right to immediately suspend or terminate any Web site or transmission that violates this provision of the Agreement, without prior notice.  In the event of such termination, Customer agreea that the unused portion of any fees Customer may have paid for the PanOptic Commercial Internet Service are forfeited to PanOptic as an appropriate recompense to PanOptic for the time required to respond to and address issues created by Customer’s illegal or obscene Web site or content, and Customer agrees not to and shall not seek recovery of those fees. PanOptic may actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's Web site, the illegal or obscene content, and those persons that inappropriately may have accessed, acquired or used the illegal or obscene content.

(b)  Personal Files.

Customer agrees that PanOptic is not responsible for back-ups of Customer Web site content, personal files or other information and that PanOptic is not liable for the loss of any Web site content or information.  The maintenance of an appropriate back-up of Customer’s personal Web site content is solely Customer’s responsibility.  PanOptic reserves the right to delete Customer’s information and files upon suspension or termination of its provision of the PanOptic Commercial Internet Service to Customer. 

(c)  Infringement with Intellectual Property Rights.

If Customer uses material that is subject to another party’s intellectual property rights, Customer must obtain authorization from that party prior to using such materials.  By using the Personal Web Space, Customer represents and warrants that Customer is the author and copyright owner and/or authorized licensee with respect to any hosted content and Customer further represents and warrants that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party.  PanOptic reserves the right to suspend or terminate Customer’s account if, in PanOptic’s sole discretion, Customer violatse this Use Agreement or any law or regulation, e.g., the Digital Millennium Copyright Act of 1998, or a court order.

 (d)  Misuse of Network Resources.

Customer shall not misuse system resources including, but not limited to: employing posts or programs that consume excessive CPU time or storage space on PanOptic’s or affiliates’ server platforms; utilizing excessive bandwidth; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for Customer's own account; or acting with malicious intent, including but not limited to port scanning, “finger printing” operating systems and application versions, vulnerability exploitation, Virus dissemination via e-mail or insertion of malicious code in scripts or executables made available through the Internet or IRC.  PanOptic reserves the right, in its sole discretion, to disconnect Customer’s service immediately upon detection of activities deemed harmful to the PanOptic Network or PanOptic’s customers, affiliates or agents.

 (e)  Other Activities.

Whether lawful or unlawful, PanOptic reserves the right to determine what is harmful to its customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the PanOptic Commercial Internet Service or the Internet.  PanOptic reserves the right, in its sole discretion, to disconnect service immediately upon detection of activities deemed harmful to the PanOptic Network or PanOptic’s customers, affiliates or agents.

 I, the undersigned, have read and understood the Acceptable Usage Policy as outlined and agree to uphold the policy in cooperation with PanOptic.  I represent and warrant that I have the necessary power and authority to execute this agreement on behalf of the person or entity receiving the PanOptic Commercial Internet Service.