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Acceptable Use Policy

As a provider of Internet access, web site hosting, and other Internet-related services, Aeroconnect offers its customers (also known as subscribers and/or users), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information.

Aeroconnect respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Aeroconnect reserves the right to take certain preventative or corrective actions.

In order to protect these competing interests, Aeroconnect has developed an Acceptable Use Policy ("AUP"), which constitutes subscribers/customers/users, suscriber's customers and/or users rights and obligations when utilizing Aeroconnect's services and constitutes a part of every agreement (whether oral, written, express and/or implied) entered into between Aeroconnect and any person and/or entity for use of Interconnnect's services of any kind or nature.

Use of any kind of Aeroconnect's services and/or network constitutes acceptance and agreement to abide by this Acceptable Use Policy. The Acceptable Use Policy is intended as a guide to the subscriber/customer/user. This AUP will be revised from time to time. A subscriber/customer/user's use of Aeroconnect's services after changes to the AUP are posted on Aeroconnect's web site, www.Aeroconnect.net, will constitute the subscriber/customer/user's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers/customers/users obtain information through the Internet, they must keep in mind that Aeroconnect cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber/customer/user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive.

Because Aeroconnect cannot monitor or censor the Internet, subscriber/customer/user agrees that Aeroconnect is not responsible for injury to its subscribers/customers/users that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers/customers/users disseminate information through the Internet, they also must keep in mind that Aeroconnect does not review, edit, censor, or take responsibility for any information its subscribers/customers/users may create.

When subscribers/ customers/ users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Aeroconnect's network and may reach a large number of people, including both subscribers and nonsubscribers of Aeroconnect, subscribers'/customers'/users' postings to the Internet may affect other subscribers/customers/users and may harm Aeroconnect's goodwill, business reputation, and operations. For these reasons, subscribers/customers/users violate Aeroconnect policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming --Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited. It is not only harmful because of its negative impact on consumer attitudes toward Aeroconnect, but also because it can overload Aeroconnect's network and disrupt service to Aeroconnect subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Aeroconnect has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Aeroconnect also has the discretion to warn, suspend and/or terminate the violating user's access to the internet through Aeroconnect's equipment.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Aeroconnect is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Aeroconnect's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Aeroconnect's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Aeroconnect is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Aeroconnect's network.

Defamatory or Abusive Language -- Using Aeroconnect's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- Aeroconnect reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal and/or Unlawful Activities -- Engaging in activities that violate any statute, law, rule, regulation and/or ordinance with jurisdiction over Aeroconnect and/or the user whether criminal or civil and/or acts of ommission and/or commission which are determined to be illegal, unlawful or violative of any statute, law, rule, regulation and/or ordinance including but not limited to advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, engaging in negligent and/or fradulent activities.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Aeroconnect determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber/customer/user. Aeroconnect will not, as an ordinary practice, monitor the communications of its subscribers/customers/users to ensure that they comply with Aeroconnect policy or applicable law. When Aeroconnect becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Aeroconnect also is aware that many of its subscribers/customers are, themselves, providers of Internet services, and that information reaching Aeroconnect's facilities from those subscribers/customers may have originated from a customer/user of the subscriber/customer or from another third-party. Aeroconnect does not require its subscribers/customers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Aeroconnect has the right to directly take action against a customer of a subscriber/customer. Also, Aeroconnect may take action against the Aeroconnect subscriber/customer because of activities of a customer of the subscriber/customer, even though the action may effect other customers of the subscriber/customer. Similarly, Aeroconnect requires subscribers/customers who offer Internet services to cooperate with Aeroconnect in any corrective or preventive action that Aeroconnect deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Aeroconnect policy.

Aeroconnect also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Aeroconnect urges its subscribers/customers/users to assume that all of their on-line communications are insecure. Aeroconnect cannot take any responsibility and is not liable for the security of information transmitted over Aeroconnect's facilities.

Aeroconnect will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required and/or requested to do so by law, law enforcement governmental authority, or when public safety is at stake. Aeroconnect may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Aeroconnect may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, law enforcement or governmental request. Aeroconnect assumes no obligation to inform the subscriber/customer/user that subscriber/customer/user information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Aeroconnect may disclose subscriber/customer/user information or information transmitted over its network where necessary to protect Aeroconnect and others from harm, or where such disclosure is necessary to the proper operation of the system.

Aeroconnect expects that its subscribers/customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's/customer's failure to comply with those laws will violate Aeroconnect policy. Finally, Aeroconnect wishes to emphasize that in subscribing to and/or use of Aeroconnect's services, subscribers/customers and/or users agree to indemnify Aeroconnect for any violation of the service agreement, law, or Aeroconnect policy, that results in loss to Aeroconnect or the bringing of any claim against Aeroconnect by any third-party. This means that if Aeroconnect is sued because of a user, subscriber's/customer's or customer of a subscriber's/customer's activity, the user, subscriber, and/or customer of a subscriber/customer will pay any damages awarded against Aeroconnect, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Aeroconnect and its subscribers, as responsible members of the Internet. Any information regarding violations and/or alleged violations this AUP should be sent to abuse@aeroconnect.net.