INTERNET EXPRESS INTERNET ACCEPTABLE USE POLICY

Internet Express' objective is to provide and maintain the highest quality of IP services available. Internet Express must therefore maintain the integrity of not only its own network, but the networks of the IP community at large. In order to protect not only Internet Express' network viability, but that of other networks as well, Internet Express prohibits certain practices and behaviors as it deems detrimental to both its own network and to the IP community at large by its customers and their users.

All provisions of these Internet Policies apply to Customer, and to any other person, persons, organization, or other entity using Customer's IP services including, but not limited to, hosted sites within the Customer's network; co-located servers and services; Customer dialup clients; sub-letted tenants; office-park or other dedicated IP circuit clients; business partners or other affiliated entities or organizations; any other persons, persons, organizations, or entities whose IP traffic is either controlled, routed or processed by Customer (Authorized Users"). All obligations of Customer under these policies also apply to all Authorized Users:

1. E MAIL POLICIES

SPAM policies:
Customers, or their Authorized Users, may not send unsolicited bulk or other mail messages ("junk mail", "spam" or "UE") to any person who does not wish to receive it. Customer must comply with any request to desist sending any further mail message upon receipt of such request. Complaints to Customer about any mail, in situations where the e-mail recipient had inadvertently received a legitimate bulk or other e-mail message, must be responded to within 48 hours of receipt of complaint.

1) "Bulk" is defined as 25 or more electronic mail messages of the same or substantially similar content within a 24-hour period.

2) Unsolicited e-mail ("UE") is any electronic mail, message, file, program or application sent via industry standard e-mail programs where the recipient did not specifically ask to receive it. E-mail programs include Bulk Mailers, List processors, and third-party re-mailers, and any other software whose function includes, but is not limited to, the sending of e-mail messages, files, applications, and programs. Included in this list of Unsolicited E-mail messages, without limitation, are commercial advertising, informational announcements, or any other message, file, program or application. E-mail recipients who subscribe to a mailing list, listserve, registered product update alert service, or who otherwise indicate interest in the content of the e-mail in a positive manner are not considered recipients of UE for the purposes for this document.

3) The use of third-party services to send unsolicited bulk or other mail messages is tantamount to the Customer sending the message from its own servers. Third-party re-mailers, processors, and "sanitizers" are those services that for a fee or other consideration process and send Bulk or other electronic mail, messages, files, programs, or applications on behalf of the Customer or Client. Though transparently hiding the relay of first instance, the deleterious effect on Internet Express' relay of first instance, the deleterious effect on Internet Express' network and the community at large of these mailings is the same as if the Customer or Client had sent them out.

OTHER MAIL RELAYING:
A Customer, or its Authorized Users, shall not use another non-Internet Express' site's mail server to relay mail without the express permission of that site.

1) "Relay" is defined as (a) the configuration of any software or program to use a non-Internet Express external mail machine to send Customer Bulk or other e-mail in unattended mode; (b) the direct, interactive attachment to Port 25 of any non-Internet Express machine to conduct a sendmail "conversation" with it for the purposes of having that machine send the Bulk or other mail; or (c) any other use of non-Internet Express sendmail services and servers to sendmail services and servers to send mail or other electronic messages or files. Whether directly or indirectly, whether the software used is attended or unattended.

2) Internet Express servers and host may be used for relaying non-UE mail only upon prior arrangement.

MAIL SPOOFING:
In no case shall the Customer use fictitious or deliberately inaccurate return addresses in their outgoing mail ("Mail Spoofing"). This pertains to any electronic message, file, program or application sent, whether UE or non-UE.

1) E-mail Spoofing is the deliberate configuration of fictitious or inaccurate return e-mail usernames or domains within any outgoing e-mail or message. Included in this definition is the use for "Stealth" e-mail software which randomizes return addresses, or which uses known inaccurate or fictitious return e-mail addresses. Defenses to a spoofing incident may not include the declaration of Customer ignorance of the e-mail address a Stealth mailer may use. Stealth software is designed and marketed to spoof e-mail addresses.

2) The unauthorized use of any Internet Express controlled domain in e-mail without the authorization of the domain registrant is prohibited.

2. USENET NEWS SERVICE POLICIES

Customers who use Internet Express' Usenet News services shall observe acceptable use policies which apply to Usenet News. These include but not limited to the following:

Usenet SPAM Policies:
Customers, or their Authorized Users, may not post bulk Usenet News to multiple News groups or unrelated News groups. Bulk Usenet News is defined as posting same news message to 5 or more News groups with unrelated content. Customer must comply with any request to cease and desist sending any further bulk Usenet News message upon receipt of such request.

Unacknowledged complaints, if confirmed to be legitimate, may result in temporary suspension of Usenet News feed to Customer until the problem is resolved.

Usenet News Spoofing Policy:
In no case shall Customer use fictitious or deliberately inaccurate return addresses in their Usenet News postings. Confirmed News spoofing may result in temporary suspension for Usenet News feed to Customer until the problem is resolved.

1) Usenet News Spoofing is the deliberate configuration of fictitious or inaccurate return usernames or domains in any outgoing Usenet News header.

2) The unauthorized use of any Internet Express controlled domain in Usenet News posts without the authorization of the domain registrant is prohibited.

3. NETWORK RELATED POLICIES:

In any of the following circumstances Internet Express reserves the right, in its sole discretion, to either block Customer's traffic from access to the Internet Express network or other networks, terminate on either a temporary or permanent basis Customer's access to or interconnection with the Internet Express network or any other network, or cease provision of power or other facility support to customer:

1) Denial of Service attacks from Customer to other networks, verified by Internet Express using its own procedures. As used here, a "Denial of Service Attack" means an attack to disable or disrupt the TCP/IP services, including but not limited to TCPSYN attack, UDP Diagnostic port DOS attack, Smurfing attack or similar attacks.

2) Any attempts by Customer or its Authorized Users to break in to or intrude into other networks. As used here, this includes, but is not limited to, cracking of password files, exploiting of known or unknown security holes, or through any other means, to gain logins and/or passwords for unauthorized access to other networks.

3) Deliberate or accidental Leaking of Routes. As used here, "Leaking of Routes" means the failure to properly announce routes to Internet Express according to established protocol.

4) Use of any third party's DNS Server without permission or consent of the third party.

5) Use of any third party's e-mail server as MX backup without permission or consent of third party.

4. CONTENT-RELATED POLICIES

Although Internet Express does not control, monitor, edit, approve or disapprove, or necessarily have any knowledge of any of the content of Customer's or any Client's servers, web pages, files, or other information, Internet Express retains the rights, in its sole discretion, to either block Customer's traffic from access to the Internet Express network or other networks, terminate on either a temporary or permanent basis Customer's access to or interconnection with the Internet Express network or any other network or any other network, or cease provision of power or other facility support to Customer in the event that Internet Express becomes aware that Customer or any of its Authorized Users has:

1) Posted or transmitted any unlawful, threatening, abusive, libelous, defamatory, legally obscene, profane or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export laws and regulations:

2) Posted or transmitted any information or software which contains a virus, worm, trojan horse, or other harmful component or

3) Uploaded, posted, published, transmitted, reproduced, or distributed in any way, information, software or other material which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.

5. COOPERATION/BEHAVIORAL POLICIES

Customer cooperation is required in order to troubleshoot technical issues related to your service. Internet Express may at times find it necessary to request Customer assistance in looking at files on Customer computer, resetting equipment, etc. If Customer is unwilling to assist or cooperate with Internet Express to isolate and find resolution to technical issues, it will not be possible for Internet Express to continue to provide services. In addition, the following behaviors will not be tolerated when working with Internet Express employees or contractors:

  1. Communicating in an abusive and/or harassing manner during telephone or face-to-face conversations, e-mail or voicemail.
  2. Use of foul language.
  3. Refusal to assist or enable Internet Express in isolating and resolving to your problems.
6. CHANGE OF POLICIES & LIMITATION OF LIABILITY

These policies are subject to change at any time by Internet Express acting in its sole discretion, and all such changes shall be binding upon Customer upon written notice to Customer by Internet Express.

In the event that Internet Express determines that Customer has violated or will violate any of these policies, Internet Express may take such action as Internet Express solely determines to be appropriate under the circumstances as known to Internet Express at the time such action was taken to eliminate or preclude such violation, and Internet Express shall not be liable for any damages of any nature suffered by any Customer, Client, or third party resulting in whole or in part from its exercise of its rights under these policies.