Acceptable Use Policies

General Terms

The following terms and conditions in this Acceptable Use Policies (this “AUP”) apply to all Internet-related Services obtained by Customer from 2Dialog. ANY CUSTOMER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY 2DIALOG ACCOUNT MANAGEMENT SO THAT THE CUSTOMER’S SERVICE CAN BE CANCELLED PURSUANT TO THE TERMS OF THE AGREEMENT. In the event of a conflict between the Commercial Service Agreement and this AUP, the terms of this AUP will govern. Questions regarding this AUP and complaints of violations of this policy can be directed to

1. Illegal Activity.

Use of the Services for any activity that violates, or constitutes an attempt to violate, any local, state, federal or international law, order or regulation, or to engage in tortious conduct, is a violation of this Policy. You may not use the Service to harm or attempt to harm a minor, including, but not limited to, by posting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material or material that infringes on the copyright of another.

2. Spamming/Unsolicited Bulk E-Mail.

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational e-mail is spamming and is prohibited. Customer may not post to any Usenet or other newsgroup, forum, or list articles which are illegal or inappropriate in the local forum or are off-topic according to the charter or other owner-published FAQ or description of the group or list; send unsolicited mass e-mailings, send or forward chain letters; use the 2Dialog Service as a maildrop for responses; and/or (d) falsify user information, including forging, altering or removing electronic mail headers. Customer may not reference 2Dialog or any related entity (e.g. by including “Organization: 2Dialog” in the header or by listing an IP address that belongs to 2Dialog or any related entity) in any unsolicited e-mail even if that e-mail is not sent through the 2Dialog network. 2Dialog’s Internet Carrier Service uses several spam reporting web sites including, but not limited to, SpamHaus and SORBS, and these web sites may change from time-to-time. Listing on one or more of these web sites, or any other spam reporting web site, of (i) the Customer’s name including fictitious names (d/b/a or aliases); (ii) one of Customer’s employees in connection with the use of the Customer’s service, or an alias of such employee(s); or (iii) the 2Dialog IP space provided to Customer will result in immediate termination or suspension of Service to Customer. Each case will be individually investigated by 2Dialog and 2Dialog may condition reconnection or re-provision of Service upon removal of the listing from the spam reporting web sites.

3 Harvesting/Spidering/Spyware.

The collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participating in the use of software (including “spyware”) designed to facilitate this activity or use of a list obtained from such means is not allowed. A user suspected or found harvesting email addresses may be blocked from sending mail until 2Dialog is satisfied that the activity has been stopped.

4. Bandwidth Limitations.

The Customer must comply with the then current bandwidth, data storage and other limitations on the Services, as specified in the Agreement. Customer may not use the Services in a manner that places disproportionate burden on the network or impairs the Service received by other Customers.

5. End Users.

If Customer allows others (3rd-Parties) to use the Service, Customer is responsible for ensuring that end users comply with this AUP. 2Dialog may disconnect Service if an end user violates this AUP. The Customer must also make contact information publicly available, and must respond promptly to any complaints. Complaints regarding the Customer’s end users shall apply to the Customer.

6. Security.

The Customer is responsible for any misuse of the Services, even if the inappropriate activity was committed by an employee, Customer, consultant, guest or other individuals who have access to the Customer’s system or network. Therefore, the Customer must take steps to ensure that others do not gain unauthorized access to services. This includes any third party use of unsecured mail and news servers or any other unauthorized access that results in a violation of any portion of this AUP. The Services may not be used to breach the security of another Internet user or to attempt to gain access to any other person’s or entity’s computer, server, software or data, without the knowledge and consent of such person or entity, including attempts to circumvent the user authentication, or probing the security of other networks. 2Dialog does not under any circumstance allow Customer or unauthorized individuals to scan, probe, or use security analysis tools against the 2Dialog network or the networks of our other customers and use of or distribution of tools designed for compromising security of non-Customer networks, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited. Customer may not willfully or knowingly disrupt the Services or interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature also is prohibited. The Customer is solely responsible for the security of any device Customer chooses to connect to the Services, including any data stored on that device. If 2Dialog detects that Customer’s equipment or Customer’s Internet/data transmissions contain Viruses, Trojans, Worms or similar damaging content/data that adversely affects the 2Dialog network, the Services provided to other 2Dialog customers, or otherwise compromises the integrity or the operation of the 2Dialog network, 2Dialog may disconnect Customer from Service immediately; and, in this event, 2Dialog will make reasonable efforts to promptly contact Customers regarding the interruption of Service. It is the Customer’s sole responsibility to ensure that any computer or device they connect to the 2Dialog Services network remains secure and virus free.

7. Customer Information.

2Dialog and its distribution affiliates and vendors may cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations. Cooperation may include 2Dialog or its vendors providing the name, IP address(es), or other identifying information about a Customer. Upon termination of a Customer’s Service, 2Dialog is authorized to delete any files, programs, data and e-mail messages associated with such account. 2Dialog will not release any personally identifiable information regarding our Customers (excepting that which is public knowledge, such as the InterNIC’s WHOIS database) or their end users to any third party except upon presentation of (a) a subpoena issued by a government entity in a civil or criminal investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order. 2Dialog may release such information based upon its sole reasonable judgment as to the validity of any such order.

8. Inappropriate Content and Unacceptable Links.

The Customer is solely responsible for any information that is accessed through use of the Services, and 2Dialog bears no responsibility for such content. 2Dialog and its distribution affiliates and vendors reserve the right to refuse to post or to remove any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful or infringes on the copyright, trademark, or other intellectual property right of a third party. By using the Services to reproduce, publish, display, transmit and distribute content, the Customer is warranting that the content complies with this AUP and authorizing 2Dialog and its distribution affiliates to reproduce, publish, display, transmit and distribute such content as necessary for 2Dialog to deliver the content in a timely manner. Examples of unacceptable content or links: “Pirated software”, “Warez Sites”.

9. Newsgroups.

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. The Customer is responsible for determining the policies of a given newsgroup before posting to it. Posting or cross-posting the same or substantially similar messages to more than eight newsgroups is prohibited.

10. Internet Relay Chat.

2Dialog Services may be used to participate in “chat” discussions. The Services may not be used to perform chat “flooding.” Any single computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the user is not physically present at the device. The Services may not be used to access any chat server in violation of the acceptable use policy of that server.

11. Consequence of Violation of Acceptable Use Policy.

When 2Dialog becomes aware of an alleged violation of its AUP, 2Dialog may initiate an investigation. For violations of this AUP, 2Dialog may, at its sole discretion, restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. Although 2Dialog has no obligation to monitor Services provided and/or the network, 2Dialog and its various affiliates, vendors and partners reserve the right to monitor bandwidth, usage, and content from time to time to operate our Services; to identify violations of this AUP; and/or to protect the network and 2Dialog customers. 2Dialog prefers to advise customers of inappropriate behavior and any necessary corrective action. If 2Dialog believes this AUP has been violated, 2Dialog or its distribution affiliates may take any responsive actions they deem appropriate. The failure of 2Dialog or its distribution affiliates to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

12. Resell or redistribute of services.

2Dialog Services are provided to an individual person or company by contract and use is subject to this policy. It is a violation of this policy and a breach of the contract to provide services to any third parties not named within the contract without prior written permission from 2Dialog. This includes, but is not limited to the sharing of bandwidth or services through wireless access points or wired links. Subscribers may not resell or redistribute the service to any third party via any means including but not limited to wireless technology without prior written permission from 2Dialog.