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PowerUser Incorporated Acceptable Use Policy

Effective August 1, 2005

PowerUser Incorporated and its affiliates ("PUI") have established this Acceptable Use Policy ("AUP") pertaining to the use of its Internet access, website hosting and other services by Customers and Resellers. This AUP is intended to prevent Customers and Resellers from engaging in practices that are illegal or that impair the security and reliability of PUI's or other parties' computer systems and networks. This AUP is not intended to be interpreted as or used as a substitute for the advice of legal counsel and each Customer and Reseller is advised to obtain the advice of its own legal counsel with respect to legal matters related to the use of the Internet.  

This AUP may be revised by PUI from time to time to address new developments and issues that arise from innovations, enhancements and inventions that affect the use of the Internet at large and PUI's network in particular. Any such revisions adopted by PUI will be binding upon its Resellers and customers.

TERMS AND CONDITIONS

1. Customers and Resellers may use PUI's network and services only for lawful purposes. The use of PUI's network and services in violation of the laws, rules, regulations and ordinances of the United States, the State of Illinois, other applicable States and localities or applicable foreign jurisdictions is prohibited.  

2. Customers and Resellers may not use its Internet connections or PUI's services to promote, offer or advocate any service or activity that can be reasonably construed as pornographic, that violates the right of privacy of any individual or entity, or that constitutes an illegal activity under any applicable law, regulation, ordinance, order or decree of any court or government authority.  

3. Customers and Resellers are prohibited from:

a. Using PUI's network and services to transmit any information that violates or infringes any copyright, trademark, patent, statutory, common law or proprietary right of any other person or entity;

b. Using PUI's network and services to transmit any information that contains any libelous statement;

c. Circumventing or undermining the user authentication or security protocols of any host, network, or account or gaining unauthorized access to the computing systems or networks of other parties (commonly referred to as "cracking" or "hacking");

d. Interfering with service to any user, host, or network (commonly referred to as "denial of service attacks");

e. Knowingly transmitting any computer virus or other program that will have the effect of damaging or corrupting other Internet users' computer systems or networks;

f. Sending e-mail to any person who does not wish to receive such message;

g. Sending unsolicited bulk mail messages ("junk mail" or "spam") of any kind, including, but not limited to, commercial advertising, political tracts and announcements;

h. Posting the same or similar messages to large numbers of newsgroups (commonly known as excessive cross-posting or multiple-posting, also known as "USENET spam");

i. Forging header information;

j. Soliciting mail for any other address other than that of the Reseller, except with full consent of the owner of the referred address;

k. Forwarding or propagating chain letters or malicious e-mail;

l. Engaging in any application or use of the Reseller's Internet connection that overloads PUI's network;

m. Using IP multicast other than by means provided and coordinated by PUI; and,  

n. Using PUI's network and services to impersonate another person or entity or misrepresent itself as having authority to represent another person or entity, including but not limited to PUI.

4. Customers and Resellers may use their PUI Internet connection to link into other networks worldwide, provided that in all such cases, the Customer and Reseller complies in all respects with the acceptable use policies of those networks.

5. Customers and Resellers are responsible for all uses of their Internet connection by other persons, whether or not the Customer or Reseller authorized such use or person. All matters set forth in this AUP that apply to Customers and Resellers shall also apply to all users of the Internet connection by their employees and other users.  

6. PUI reserves the right to remove from its network any material or data that violates any provision of this AUP and to suspend or terminate, in its discretion, the use of its network and services by any Customer or Reseller that violates any provision of this AUP.  

7. The rules set forth in this AUP apply to any Internet based distribution medium and any other application using the Internet (e.g. Usenet news, fax-like documents over the Internet).  

8. These rules set forth in this AUP apply even if a Customer or Reseller uses another site's server to relay its communications.

9. It is the customer's responsibility to make sure they are dialing into the PUI network using a local dial up number. PUI will not be responsible for long distance phone charges.

10. Dial up Customers are licensed for single personal and immediate family members only. Simultaneous log-ins are prohibited and will result in temporary suspension or cancellation of the account.

11. Customer accounts are billed automatically via credit card. Customers whose credit cards are declined are sent an e-mail request for payment and have 15 days to update their credit card number or make funds available to PUI. Customers are responsible for checking their PUI e-mail accounts for billing and service-related notices or for providing PUI with an alternate primary e-mail address where they wish to receive such notices. Accounts that are unpaid after 15 days will be deleted, including e-mail. There are no refunds for time not used on PUI. Customer accounts are not monitored for inactivity and we do not assume that you wish to cancel if the account has not been used. It is the responsibility of the Customer or Reseller to notify PUI when a Customer wishes to discontinue service. Customers and Resellers are responsible for any usage fees through the end of the current billing cycle in which cancellation is requested.   Final charges for customers with quarterly or annual billing cycles will be prorated through the last day of the calendar month during which cancellation was requested.

12. PUI reserves the right to access and disclose any Customer or Reseller information to comply with applicable laws and government requests, to operate its systems properly, or to protect itself or its Resellers, which may include disclosing the user names of accounts and other information. PUI will fully cooperate with law enforcement authorities in investigating suspected violations of law and reserves the right to report to appropriate law enforcement officials any suspected illegal activity of which it becomes aware.  

13. When PUI becomes aware of possible violations of this AUP, PUI may, in its sole discretion, choose to initiate and investigation.   This investigation may include gathering information from Customers or Resellers and examining material on PUI's servers.   During investigations, PUI may suspend service to Customers or Resellers involved in a suspected violation and/or remove material from its servers.

Questions about this policy should be sent via e-mail to support@poweruser.com

 

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