ACCEPTABLE USE POLICY

ACCEPTABLE USE POLICY

1. StratoNet System Network & Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. StratoNet may investigate incidents involving such violations. In addition, StratoNet may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

• Interference with service to any user, host or network including, without limitation, mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

• Subscribers or visitors who engage in such violations are solely responsible for the cost of labor to cleanup and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by StratoNet. Labor is categorized as emergency security breach recovery and is currently charged at US $60.00 per hour. Inquiries regarding security matters may be directed to abuse@strato.net. Falsely reporting abuse may be a criminal offense and StratoNet will report such false reporting to the appropriate agencies.

Violations of this policy may be reported directly to the FBI's Infrastructure Protection & Computer Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm. StratoNet will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

2. Lawful Purpose

StratoNet’s network may be used only for lawful purposes. The transmission, storage, routing, or presentation of any information, data or material in violation of any applicable local, state, or federal law or regulation, or in violation of StratoNet’s AUP is strictly prohibited. Examples of such information, data, or material include unauthorized use of copyrighted works, trademarks, trade secrets, or the dissemination of harmful or fraudulent content. Any conduct by any StratoNet Subscriber or visitor that constitutes harassment, fraud, stalking, abuse, or a violation of federal export restriction in connection with use of StratoNet’s products or services is strictly prohibited. Using the StratoNet network to perform, or solicit the performance of, any illegal activity is also strictly prohibited.

3. Unsolicited Commercial Email (“Junk Email”)

StratoNet Subscribers may not use or permit others to use the StratoNet network to transmit or traffic in unsolicited commercial email (“UCE” or “JUNK EMAIL”). Sending a commercial message to more than five recipients is JUNK EMAIL, unless the individuals have specifically requested to be added to a mailing list on that topic, or otherwise consented to the message. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in newsgroups where the recipient has not requested or invited the message. Email is a person-to-person medium, not a broadcast medium.

StratoNet Subscribers are prohibited from using or permitting others to use JUNK EMAIL over the StratoNet network. Violation of StratoNet's JUNK EMAIL policy will result in severe penalties. Upon notification of an alleged violation of our JUNK EMAIL policy, StratoNet will initiate an immediate investigation (typically within 48 hours of receiving notification). During the investigation, StratoNet may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our JUNK EMAIL policy, StratoNet may, at its sole discretion, restrict, suspend or terminate customer's account. Further, StratoNet reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. StratoNet will notify law enforcement officials if the violation is believed to be a criminal offense. Violation of StratoNet's JUNK EMAIL policy may be reported to abuse@strato.net

4. Checking Your Email

StratoNet operates some of the most modern and efficient mail servers available. Repeated checking of mail at short intervals places an unnecessary burden on the servers. It can also cause problems with your mail file on our server, affecting your ability to get your e-mail. If you configure your e-mail program to automatically check mail, StratoNet recommends that you set the interval over 15 minutes. If you repeatedly check mail at short intervals for extended periods of time, you will be asked to either change the interval or disable the automatic mail checking.

StratoNet employs the use of Virus and Junk Email filtering systems. These systems may be provided directly by StratoNet and/or by third party vendors and are intended to assist both StratoNet and the Subscriber from receiving harmful and/or annoying Email. Subscriber is responsible to manage their own Email and to act in a responsible manner. Subscriber agrees to abide by the Use Policies/Terms specific to these services.

Email was designed to move a large number of small text files around the Internet very quickly. Large e-mail attachments slow down the performance of the mail server, and they can cause problems with your mail program that could prevent you from getting your mail. StratoNet requests that you limit the size of your email messages and attachments to under 2 megabytes, and the overall size of your mailbox to under 5 megabytes. Some services allow for larger size limits. Also, additional limits may be available by special request and/or for an additional charge You agree to configure your e-mail program to remove mail from the server after it is read.

StratoNet may, at its sole discretion, electronically limit the size of individual messages or user inbox size. This will be determined by our engineering staff for the purpose of mail server efficiency, and may change at any time. If you need assistance in configuring your e-mail program, please contact StratoNet Technical Support at support@strato.net

5. Subscriber Password Protection

Each Subscriber is responsible for protecting his or her password(s) and for any authorized or unauthorized use made of his or her password(s). You agree that you will not use or permit anyone to use StratoNet’s service to guess passwords or to access other systems or networks without authorization. StratoNet will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. Proof of identification is required prior to obtain lost or forgotten passwords and StratoNet will NOT give lost or forgotten passwords over the telephone. Some passwords are not available for recovery.

6. Internet Etiquette & Abuse

We want each person to have the best Internet experience possible. We do not, however, wish it to be at the expense of others. The Internet is a global computer network, which is comprised of people from diverse backgrounds. When communicating with people on the Internet, it is best to keep in mind that the person on the other end wants to be treated with the same respect, as you would expect. StratoNet cooperates fully with other Internet service providers. Reports of illegal, reckless, irresponsible, abusive, or malicious behavior by a StratoNet Subscriber may be investigated. If the reports are substantiated, violators will be asked to either cease those activities or to seek a new Internet service provider. Following is a set of general guidelines regarding the most common forms of Internet activities: e-mail, newsgroups, Internet Relay Chat, and interactive games.

A. Electronic Mail (E-mail)

Unless you are using an encryption device (hardware or software), you should assume that mail on the Internet is not secure. Never put in a mail message anything you would not put on a postcard (such as your password or credit card information).

B. Unsolicited e-mail advertising (JUNK EMAIL)

The cost of delivering an e-mail message is paid by both the sender and the recipient. Sending someone mail may also cost them in other ways like network bandwidth, disk space or CPU usage. This is a fundamental economic reason why unsolicited commercial email is not welcome. Using StratoNet’s mail servers or network to send unsolicited bulk commercial e-mail will result in immediate termination of service.

C. Newsgroups

StratoNetä does not regulate the content of newsgroups. Please do not contact StratoNet regarding copyright issues, inflammatory posts, etc. StratoNetä offers following general guidelines when posting to newsgroups:

1. Cross posting

Posting to multiple newsgroups is known as "cross posting" and is typically forbidden. Complaints of excessive cross posting will be investigated, particularly if it involves posting commercial material or posting to inappropriate newsgroups.

2. Commercial Posts

Commercial posts are frowned upon in most newsgroups. If you are attempting to sell goods or services, please make sure you do so in the proper forums (*.for sale, business groups, etc.).

3. Chain Letters/Pyramid Schemes

Under federal law, certain types of chain letters and pyramid schemes are illegal. If you are found to be posting these to newsgroups or sending them via e-mail, your account will be terminated. To read more about illegal chain letters, visit the U.S. Postal Service’s website at http://new.usps.com/cpim/ftp/pubs/pub300a.pdf.

7. Internet Relay Chat

Internet Relay Chat (“IRC”) is a global network of chat servers that offer people the ability to converse in real-time, text based, chat. IRC is controlled by IRC server administrators, server operators, and channel operators. Due to the nature of IRC, it is impossible for StratoNetä to monitor the content of speech. If you utilize IRC, you may be exposed to material that you find offensive. Below is a set of guidelines to use when on IRC:

A. Do Not Use Bots

Bots (short for “robots”) are automated processes that run on IRC servers. Although some bots may appear beneficial, they consume valuable bandwidth that could be allocated to a human user. Bots may not be run on IRC servers that prohibit the use of bots.

B. Do Not Engage In Channel Abuse

Subscribers who hack channel ops, e.g., flood IRC channels with messages, or who flood other users will be contacted about these activities.

C. Do Not Harass Others

Although freedom of speech is protected under the First Amendment of the United States Constitution, StratoNet frowns upon those who act in an antisocial or irresponsible manner towards others. Examples of harassing behavior include, but are not limited to, nickname collision, use of abusive or lewd language, or stalking (following another user from channel to channel or continued messaging of another user who has asked you to stop). If another person requests that you stop your actions, you should stop. Failure to do so may result in civil or criminal liability.

8. Online Game Servers

Online gaming is a highly popular Internet use. Each online game server has its own set of acceptable use policies. StratoNet expects its Subscribers to follow the rules of appropriate behavior when using online game servers on the Internet. Examples of unacceptable behavior would include any actions that would prevent others from participating, or hacking or cheating that would deny others an equal opportunity to play. The use of bots or other forms of automated play are prohibited by all game servers. Of course, any form of cheating will get a user banned from a game server. Complaints from game server administrators about StratoNet Subscribers may be treated as violations of the StratoNet AUP.

9. Severability & Access

If any provision of this Agreement is declared unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

StratoNet may change its POP numbers at any time. StratoNet reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are StratoNet’s property and StratoNet may alter or replace them at any time.

Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.

Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. StratoNet is not responsible for any long-distance, toll or other telecommunications charges you incur.

StratoNet has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if StratoNet, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy. StratoNet may immediately remove your material or information from StratoNet’s servers, in whole or in part, which StratoNet, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.