Acceptable Use Policy

B. LAVANET USER ACCEPTABLE USE POLICY: Customer is responsible to uphold these terms and to distribute this to any user to whom customer provides access. In the event a user should violate these terms, the Customer assumes full responsibility.

B.1 Abuse of Internet Services: Customer and users agree to use the services provided by LavaNet as permitted by applicable local, state, and federal laws. Customer and users agree not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. LavaNet reserves the right to define and correct abusive behaviors as they occur and will charge the account owner (Customer) penalty fees (see Section C) regardless of the source of the activity. Internet Abuse includes things like online chain letters, off-topic Usenet postings and unsolicited emailing (spam). The Customer is responsible for the action of its users and its network’s protection from abusive behaviors, both from within the company and through any activity using LavaNet service(s). Customer agrees to abide by LavaNet's interpretation of what constitutes Internet abuse. For clarification, Customer can ask LavaNet Internet abuse staff (abuse@lava.net) for assistance. When in doubt, users are expected to consult LavaNet beforehand to avoid inadvertent abuse.

B.2 Disk Space Guidelines: LavaNet email accounts include 20 megabytes (MB) of space on the server. This is used for storage of the customer's email. There is also a 10 MB home directory. If the customer chooses to activate a UNIX shell, (a one-time fee) home directory space can also be used for FTP space, or to host a non-commercial homepage (commercial web space is available also for a fee). If customer disk space is exceeded, LavaNet charges an over quota fee. If customer’s disk space exceeds 1000Mb of data transfer per month a fee applies. Customer agrees to use personal disk space in accordance with this agreement. Unless otherwise specified with the application form, no commercial content may be stored or put in the personal web space (sample URL: http://www.lava.net/~username). LavaNet systems staff can at their discretion review the contents of the customer's disk space at LavaNet and remove materials that are illegally obtained or are consuming more than the customer's share of resources, and assumes no responsibility for the preservation of this data.

B.3 Abuse of LavaNet Services: Any use of LavaNet system resources that disrupts the normal use of the system for other LavaNet customers is considered to be abuse and is grounds for administrative intervention or termination. Some examples of system abuse include spawning an excessive number of processes, consuming excessive amounts of hard disk space, memory or CPU for long periods of time, and staying attached to modems while not really "active" on the line, or running server processes while not logged in, including but not limited to running IRC bots, and similar background processes. If the misuse is unintentional, the suspension may be rescinded following discussion with LavaNet Abuse Dept. If the misuse is intentional, the suspension may be rescinded at the discretion of the LavaNet, and may require the payment of a service reconnection charge, plus any applicable penalties (see section C). Occasionally, unintentional misuse may be misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to LavaNet.

B. 4 Security of Accounts and Other Networks: Customer (and all its users) agree not to use LavaNet services to obtain the passwords or other confidential information of customers on LavaNet or other systems. Customer agrees not to use LavaNet services to make unauthorized attempts to access the systems and networks of others, nor to attempt to disable or interfere with the use or operation of any systems or network. Customer acknowledges that any such attempts may violate applicable Federal, State or local laws and may be cause for criminal prosecution. Generally, no information an organization or individual considers confidential or irreplaceable should be stored on any ISP’s servers. While LavaNet takes reasonable precautions to protect user data privacy, this cannot be guaranteed and companies should consult a qualified network security engineer if they plan to store private documents on an Internet-connected machine of any kind. Additionally, one of the following restrictions applies with regard to account sharing (depending on the type of service):

B.4.a LavaNet Dial-up Direct, email-only and Unix accounts: These are for individual users. Customer agrees not to share the password of account(s) with others, including but not limited to other family members or business associates. Customer acknowledges that LavaNet may terminate the account without notice if the customer does not comply. There is an online session limit of 10 continuous hours (for dialup services only). A dialup Customer may log in as many times a day and as many hours a day as they desire as long as the 10-hour session limit and 15-minute idle timeout are honored. Depending on the nature and the severity of the abuse, the user may receive an email warning, have their processes halted, or have their account suspended by LavaNet Abuse Dept. Multiple simultaneous logins from a single dialup account may be taken as evidence of sharing an account.

B.4.b LavaNet Dedicated Services (DSL, Frame, Colocation, Direct Feed: These are for LAN, WAN or hosting use. Customer may allow user(s) to access their connection. Users must be made aware by Customer that Customer has the authority to get their passwords and files from individual POP accounts hosted thru this agreement, and can create or cancel services without user’s knowledge or permission. All POP accounts and their contents are the property of the customer, not the user. No expectation of privacy or ownership should be offered or expected in this regard. Master Agreement pg. 5 of 8 Initial: _________ Date: ___________

B.4.c. LavaNet Domain and/or Web Hosting: Provision of services LavaNet or its designated partner will provide services on its host computing systems to allow customer “write access” to their directories and to allow the Internet ©LavaNet All rights reserved. Revised 5/15/06 community to access Web pages belonging to the customer in exchange for payment of fees and compliance with the terms and conditions of this document. IMPORTANT: NO technical support is included for web page design or troubleshooting. Customer uses all features at their own risk. HTML and other consulting services are available for additional fees. Data sent or received through the Internet or LavaNet’s system should not be considered inherently private or secure. Use of Material Customer agrees not to use LavaNet services to violate copyright or other intellectual property rights of any author or publisher. For example, Customer may not make available by his/her Web page commercial software in violation of software license agreements. Domain Registration Policies For domains registered through LavaNet’s registrar service, both Customer and LavaNet agree to abide by the ICANN Universal Dispute Resolution Policy found at http://www.opensrs.com/legal/udrp.shtml Important policies regarding breach, account term and limitations of liability are found at: Policies for .com, .net and .org are found at: Policies for .tv are found at: http://www.lava.net/gtldexhibita.html http://www.lava.net/tvtldcontract.html Policies for .name are found at: Policies for .info are found at: http://www.lava.net/nametld.html http://www.lava.net/infoexhibita.shtml Policies for .biz are found at: Policies for .us are found at: http://www.lava.net/bizexhibita.shtml http://www.lava.net/ustld.html http://www.lava.net/bizexhibitb.shtml LavaNet reserves the right to modify domain information at any time in order to protect the functionality of the domain name and our system. Security of the registrar password is a shared responsibility. Customer agrees that they are responsible for password security. For LavaNet “Premium Web Server” only: prohibited content includes, but is not limited to: some sexually oriented products and services, scams, spams, infringements, offensive, bigoted, angerous, or illegal activities. this includes using Premium Web Server space to directly or indirectly offer, sell, lease, license, display, deliver, advertise, recommend, or promote any content which (i) are unlawful or violates any applicable state, national, or international law, ordinance or regulation having the force of law, (ii)are pornographically or sexually oriented, profane, obscene, vulgar, offensive, lewd; (iii) are defamatory, libelous, slanderous, abusive, threatening or harassing toward others; (iv) are a sweepstakes, lottery, multi-level marketing program, chain letter or pyramid scheme; (v) are unfair, unlawful or deceptive business practice; (vi) are racially or otherwise offensive, hateful, bigoted or intolerant; (vii) are in violation of any privacy or data protection right or law or discloses any personal information or exploits in any manner children under the age of 18 years or third parties without their, or in the case of children, their parents’, prior written consent; (viii) infringe or violate any patent, copyright, trademark, trade secret, right of publicity or privacy or other proprietary right under the laws of any jurisdiction; (ix) are the basis for any allegation, claim or suit against customer or any other party alleging product liability, breach of warranty, negligence, fraud, unlawful conduct, and/or any claims of causes of action whatsoever; (x) transmit or deliver in any manner material that contains viruses, worms, trojan horses, time bombs, cancelbots, and/or any other harmful or damaging software or other technology or the means of developing any of the above; (xi) advocate, promote or provide assistance in carrying out violence or any other unlawful activity against any persons or any governments, businesses or other entities; (xii) involve a significant risk of death or injury to any persons, or of damage to business or other entities or property in the event of an error or defect; (xiii) involve cruelty to animals; (xiv) are the subject of any government investigation or proceeding; (xv) are a weapon, or parts of or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs, and caustic or other dangerous substances; (xvi) are any form(s) of gambling; (xvii) are any type(s) of intoxicant, alcoholic beverage or illegal substance; (xviii) are not consistent with prevailing “Netiquette” standards as determined by LavaNet at its sole discretion; or (xix) provide instruction in an activities listed in section (i) thru (xviii) above. LavaNet reserves the right to monitor and store content from Customer’s Web pages and associated log files to bill the customer, improve service and to determine if Customer is violating the conditions of use as necessary. Domain Name Records are part of a public database, and are not considered private information. LavaNet does not sell or share userbase information with any third parties except in the case of Premium Web Server service, wherein basic customer information as required for the delivery of service ONLY (not payment information) will be disclosed to a third party on a limited basis. This third party agrees not to release this information in any way or form. LavaNet agrees to respect the privacy of Customer's Dial-up or Unix account, including personal files and email. However, LavaNet reserves the right to monitor Customer's actions when necessary to help Customer or to protect our users and system. Illegal, Offensive or Adult Materials Customer assumes sole responsibility for all content made available from their Web space. In the case of a dispute over the legality of Customer’s content, LavaNet reserves the right to disable Customer’s Web space until the dispute is resolved. Reselling Web Space Reselling is defined as providing Web space to, or making hyperlinks to other organizations in exchange for money or services. Web space customers may resell web space. LavaNet web space customers assume personal responsibility for the content of any resold space according to the terms of this agreement, and any LavaNet fees or penalties incurred in this reselling activity. Customer is solely responsible for payment of and maintenance of DNS record with registrar. Customer is solely responsible for content (including copyright and permissions to use and distribute), keeping backup copies of web content (LavaNet does not act as an archive), and ensuring accuracy and ownership of their DNS.

B.5 Customer Privacy: LavaNet agrees to respect and protect the privacy of Customer's personal files and email but due to the nature of Internet services cannot guarantee that breaches in security will never occur. Customers are urged not to consider email and stored files as secure and should generally not use any Internet system to store sensitive data. All users of accounts governed by this agreement should be aware that the customer has the right to access all associated accounts and directories. LavaNet does not sell any Customer information and will not generally confirm or deny to third parties if a user is a LavaNet subscriber. LavaNet reserves the right to monitor Customer's actions when necessary to help Customer or to protect other users and system. In the event that LavaNet is presented with a request from the Customer, a subpoena by legal authorities, or where personal/public safety is threatened, LavaNet reserves the right to provide any and all Customer information required.

B.6 Forgery or Impersonation: Customer and its users agree: – not to use any LavaNet service to impersonate any person, whether on LavaNet or other systems. – not to send email or post Usenet messages under the username or real name of any other person, or impersonate another Internet user, whether for malicious purposes or otherwise. – not to attempt to intercept or cancel other users' messages. If Customer does so, LavaNet can suspend or terminate Customer's service.

B.7 Use of Copyrighted Material: Customer and its users agree not to use any LavaNet services to violate copyright or other intellectual property rights of any author, publisher or other entity. For example, Customer may not upload or download commercial software in violation of software license agreements.

B.8 Discovering & Reporting Abuse: Violations of the LavaNet conditions of use may in some cases be criminal offenses. Report to LavaNet any information you may have in which the conditions of use may have been or are being violated. When LavaNet becomes aware of possible violations, we will initiate an investigation. To prevent further possible unauthorized activity, LavaNet may suspend access to services during the investigation. Confirmed violations may result in cancellation of account(s) and/or criminal prosecution. Account suspension may be rescinded at the discretion of the LavaNet Abuse Dept., following payment of a reconnection charge and any clean up fees incurred (see “Abuse of Internet Services”). LavaNet reserves the right to monitor Customer's actions to determine whether Customer is in violation of this agreement.

B.9 Offensive or Adult Materials: LavaNet does not monitor the content of materials accessed through LavaNet. Some materials may be illegal, offensive or adult in nature. Customers less than 18 years of age must have a parent or legal guardian co-sign this agreement, verifying that the parent or legal guardian understands that Customer and any users to whom customer provides a connection will have access to such materials and accepts any responsibility for monitoring and/or controlling such access.