Terms and conditions for acceptable use of Infopage Services' servers and services:

Version 02.98

These are the Acceptable Use Policies (AUP) of Infopage Services . All clients of Infopage Services  agree to abide by these policies. Infopage Services reserves the right to change and update these policies as it sees necessary.

Introduction

The primary purpose of Infopage Services  is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is Infopage Services' intention to allow Infopage Services users complete access to everything the Internet has to offer, with minimal or no interference from Infopage Services. However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as Infopage Services, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because Infopage Services runs multi-user systems, actions of one Infopage Services customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all Infopage Services users. To this end, Infopage Services has developed these Acceptable Use Policies. They are intended to inform Infopage Services' Customers of what Infopage Services considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions Infopage Services may take, with or without notice, in the event that Infopage Services becomes aware of inappropriate use of Infopage Services' service. This AUP will be used to help Infopage Services system administrators deal with complaints from users of Infopage Services or other Internet-connected systems, and to determine when action should be taken.It is expected that all Infopage Services Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Infopage Services' technical resources, ability to continue to provide high quality service to its customers, and the protection of Infopage Services' reputation as a service provider.

ACCESS TO Infopage Services' INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties and disclaimers

Infopage Services Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Infopage Services or any information or software therein. You release Infopage Services from and Infopage Services shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Infopage Services services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Infopage Services' own negligence. Without limiting the generality of the foregoing, Infopage Services disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Infopage Services services. In no event shall Infopage Services' aggregate liability exceed the amount paid by you to Infopage Services for the Infopage Services services. Use of any information obtained via Infopage Services' Internet service is at the user's own risk. Infopage Services specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Infopage Services will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Infopage Services is not liable for any usage and or charges prior to Infopage Services making the necessary account alteration. Electronic mail on this system is as private as we can make it. Infopage Services' Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

Infopage Services is not responsible for any Customer's personal files residing on Infopage Services. The Customer is responsible for independent backup of the Customer's data that is stored on Infopage Services. Infopage Services reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between Infopage Services and the Customer.

4. Non-Transferability of Account

The right to use Infopage Services' Internet service is not transferable. Use of Infopage Services accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by Infopage Services (i.e., IP addresses and Class C address space) are the property of Infopage Services and are considered to be loaned to its customers. In the event service with Infopage Services is discontinued for any reason, such addresses will revert to Infopage Services. If a Customer of Infopage Services participates in a service of Infopage Services which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but no t the IP address to which it was assigned by Infopage Services.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Arizona, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Infopage Services' service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Infopage Services. The Customer shall defend, indemnify and hold harmless Infopage Services from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Infopage Services service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Infopage Services or Infopage Services's Acceptable Use Policies. At Infopage Services' discretion, Infopage Services may revoke any Customer's access to Infopage Services services or accounts for inappropriate usage.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by Infopage Services and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Infopage Services reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Infopage Services Customer as described in (1) and (2) below before such postings are forwarded:

  1. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).
  2. Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke complaints from the recipients.
  3. Engaging in either (1) or (2) from a provider other than Infopage Services and using an account on Infopage Services as a mail drop for responses, or to draw attention to a web site housed within Infopage Services's networks.
  4. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Infopage Services.
  5. Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.
  6. Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
  7. Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
  8. Use of IRC bots or clonebots on Infopage Services, whether on IRC servers controlled by Infopage Services or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
  9. Network unfriendly activity: Attempts to interfere with the regular workings of Infopage Services' systems or network connections or which adversely affect the ability of other people or systems to use Infopage Services services or the Internet, including, but not limited to:

8. Excess Utilization of System or Network Resources

Infopage Services account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Infopage Services determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Infopage Services to adversely affect Infopage Services's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practicable.

9. Compliance with Rules of Other Networks

Any access to other networks connected to Infopage Services' Internet service must comply with the rules for that other network as well as with Infopage Services' rules.

10. Monitoring/Privacy

Infopage Services reserves the right to monitor any and all communications through or with Infopage Services facilities. Customer agrees that Infopage Services is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Infopage Services employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Infopage Services also reserves the right to access a Customer's mailbox or other files stored on Infopage Services systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

Infopage Services reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

Infopage Services will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Infopage Services' judgment as to the validity of any court order of subpoena shall be considered proper and final.

13. Infopage Services' Right to Suspend or Cancel Account

Infopage Services reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Infopage Services that the Customer may be performing activities harmful to Infopage Services or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages

Infopage Services reserves the right to collect damages (software, hardware and man hours) if any harm is done to Infopage Services which requires repair or reconfiguration of any kind.

15. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action Infopage Services may take or remedies available to Infopage Services in any way with respect to any of the described conduct. Infopage Services reserves the right to take any additional actions Infopage Services may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Infopage Services service, and levying cancellation charges to cover Infopage Services' costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Infopage Services reserves at all times all rights and remedies available to Infopage Services with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Infopage Services reserves the right to enforce such policy or rule at its sole discretion.

16. Infopage Services' Right to Change Service

Infopage Services reserves to right to change without notice the Infopage Services service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. Infopage Services' Right to Modify its Acceptable Use Policies

Infopage Services may modify its Acceptable Use Policies upon notice published online via Infopage Services. Customer's use of Infopage Services services after such notice shall constitute Customer's acceptance of the modifications to these policies.