Policies revised as of 06 01 2002 As a provider of Internet access, Adult Website Hosting, and other Internet-related services, Adult Website Hosting offers its clients, and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Adult Website Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information; however, when there are competing interests at issue, Adult Website Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Adult Website Hosting has developed these Acceptable Use Policies (AUP), which supplements and explains certain terms of each client's respective service agreement and is intended as a guide to the client's rights and obligations when utilizing Adult Website Hosting services. This AUP will be revised from time to time. A client's use of Adult Website Hosting services after changes to the AUP are posted on Adult Website Hosting website, constitutes the customer'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 clients obtain information through the Internet, they must keep in mind that Adult Website Hosting cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that clients may acquire. For this reason, the client 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 Adult Website Hosting cannot monitor or censor the Internet, and will not attempt to do so, Adult Website Hosting cannot accept any responsibility for injury to its clients that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When clients disseminate information through the Internet, they also must keep in mind that Adult Website Hosting does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Because the information they create is carried over Adult Website Hosting network and may reach a large number of people, including both clients and non-clients of Adult Website Hosting, clients' postings to the Internet may affect other clients and may harm Adult Website Hosting goodwill, business reputation, and operations. Adult Website Hosting is also bound by the AUPs of its up-line providers and may have to take action regarding a Client in order to comply with the up-line AUP. For these reasons, clients violate Adult Website Hosting policy and the service agreement when they, their customers, their affiliates, or their subsidiaries engage in the following prohibited activities: Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (also known as "spamming") is prohibited. This practice is harmful not only because of its negative impact on consumer attitudes toward Adult Website Hosting, but also because it can overload Adult Website Hosting network and disrupt service to Adult Website Hosting clients. Maintaining an open SMTP relay is likewise prohibited. When a complaint is received, Adult Website Hosting has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Intellectual Property: Engaging in any activity that infringes or misappropriates the intellectual property rights of others is prohibited. This includes copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others is likewise prohibited. Adult Website Hosting is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement. It is also Adult Website Hosting policy to terminate the privileges of clients who commit repeat violations of copyright laws. Obscene Speech or Materials: Using Adult Website Hosting network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. In addition, Adult Website Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Adult Website Hosting network. Defamatory or Abusive Language: Using Adult Website Hosting network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited. Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited. 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") is prohibited. 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) is likewise prohibited. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. 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 are likewise prohibited. Facilitating a Violation of the AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate the AUP is prohibited. This includes the facilitation of the means to Spam, initiation of pinging, flooding, mail bombing, 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 is prohibited. Usenet Groups: Adult Website Hosting 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 Activities: Engaging in activities that are determined to be illegal is prohibited. This includes advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Compliance with 18 U.S.C. Section 2257:The client is responsible for insuring compliance with 18 U.S.C. Section 2257 regarding record keeping and notification of record location for any websites on any server whether co-located, dedicated, or shared which is hosted by Adult Website Hosting Other Activities: Engaging in activities, whether lawful or unlawful, that Adult Website Hosting determines to be harmful to its clients, operations, reputation, goodwill, or customer relations is prohibited. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. Adult Website Hosting will not, as an ordinary practice, monitor the communications of its clients to ensure that they comply with Adult Website Hosting policy or applicable law. However, when Adult Website Hosting becomes aware of harmful activities, it may take any action to stop the harmful activity. This includes, but is not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. Adult Website Hosting is aware that many of its clients are, themselves, providers of Internet services, and that information reaching Adult Website Hosting facilities from those clients may have originated from a customer of the client or from another third-party. Adult Website Hosting does not require its clients who offer Internet services to monitor or censor transmissions or websites created by customers of its clients. Adult Website Hosting has the right to directly take action against a customer of a client. Adult Website Hosting may also take action against the Adult Website Hosting client because of activities of a customer of the client, even though the action may affect other customers of the client. Similarly, Adult Website Hosting anticipates that clients who offer Internet services will cooperate with Adult Website Hosting in any corrective or preventive action that Adult Website Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Adult Website Hosting policy. Adult Website Hosting is also concerned with the privacy of on-line communications and websites. 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. Therefore, as a matter of prudence, Adult Website Hosting urges its clients to assume that all of their on-line communications are insecure. Adult Website Hosting cannot take any responsibility for the security of information transmitted over Adult Website Hosting facilities. Adult Website Hosting will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. Adult Website Hosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Adult Website Hosting may also disclose information including, but not limited to, information concerning a client, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Adult Website Hosting assumes no obligation to inform the client that client information has been provided, and in some cases may be prohibited by law from giving such notice. Finally, Adult Website Hosting may disclose client information or information transmitted over its network where necessary to protect Adult Website Hosting and others from harm, or where such disclosure is necessary to the proper operation of the system Adult Website Hosting expects that its clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. Failure on the part of a client to comply with those laws violates Adult Website Hosting policy. Finally, Adult Website Hosting emphasizes that in signing the service agreement, clients indemnify Adult Website Hosting for any violation of the service agreement, law, or Adult Website Hosting policy that results in loss to Adult Website Hosting or the bringing of any claim against Adult Website Hosting by any third-party. This means that if any legal action is brought against Adult Website Hosting because of a client's or customer of a client's activity, the client will pay any damages awarded against Adult Website Hosting, plus costs and reasonable attorneys' fees. We hope the AUP is helpful in clarifying the obligations of Internet users, including Adult Website Hosting and its clients, as responsible members of the Internet. Any complaints about a client's violation of the AUP should be sent to Adult Website Hosting