AceWeb's acceptable use policies ("Policies") set forth below define acceptable practices while using any of AceWeb's services that provide access to the AceWeb network (the "Service"). By using the Service, you acknowledge that you and users that have gained access to the Service through your account (collectively "Users"), have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your on-line experience or the content of your on-line communications, we may edit or remove content that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive. The Policies apply to all aspects of the Service, including e-mail, USENET postings, chatting, and browsing.

You are entirely responsible for maintaining the confidentiality of your password and account information. You agree to indemnify, defend, and hold AceWeb, its subsidiaries, affiliates, officers, directors, employees, agents, licensers, consultants, suppliers, and any third party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of this Policy, misuse or abuse of the Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in AceWeb's defense of any claim. AceWeb reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of AceWeb. You agree immediately to notify AceWeb of any unauthorized use of your account or any other breach of security known to you.


General

These Policies are designed to assist in protecting the Service, our Users, and the Internet community as a whole from improper and/or illegal activity over the Internet. Users are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community.

For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.


Rights of AceWeb

If Users engage in conduct while using the Service that is in violation of the Policies or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Service or the User's access to the Service. In most cases, we will attempt to notify you of any activity in violation of the Policies and request that the User cease such activity; however, in cases where the viability of the AceWeb network is threatened or cases involving UCE/SPAM, mail relaying, alteration of your source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or the User's access to the Service without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the Policies, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the Policies. We reserve the right to refuse service to anyone for any reason.


Billing and Charges

Monthly Dues must be paid on a timely basis to maintain User’s membership privileges. Monthly dues charged to Credit Card AUTO-BILLING (if applicable) will continue regardless of your use unless and until you expressly cancel the auto-billing, which you may do at any time, unless bound by a specific term or agreement. To stop AUTO-BILLING from being charged to your credit card, your account must be cancelled by calling our toll-free support number (1-866-477-9378); cancellation by e-mail is not sufficient.
When paying by check, or credit card, User expressly authorizes AceWeb to collect from User a penalty fee of up to $25.00 for a returned check or Credit Card chargeback. AceWeb reserves the right to suspend access to service for User’s account upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
AceWeb offers 3 billing methods, Credit Card, Email, and Paper Statement. Customers choosing our Paper Statement service will be assessed a $2.50 fee.
USER IS SOLELY RESPONSIBLE FOR ALL LOCAL AND/OR LONG DISTANCE TELEPHONE CHARGES INCURRED IN CONNECTION WITH THE USE OF ACEWEB SERVICES. ACEWEB WILL NOT REIMBURSE ANY LONG DISTANCE CHARGES YOU MAY INCUR. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS ACEWEB SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER.


Refunds

AceWeb reserves the right to not grant a refund for any prepaid service.


Unauthorized Access/Interference

A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other users.


Spoofing/Fraud

A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User's identity in connection with use of the Service is prohibited.


E-Mail Relay

Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited.


USENET Postings

All postings to USENET groups must comply with that group's charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group's charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited.

Violations

The following violations of “etiquette” are grounds for immediate suspension of service pending investigation by AceWeb and will result in termination of the account if the investigation determines to have originated or transmitted these types of traffic.

(a) Any attempt to post a single article or substantially similar articles to an excessive number of newsgroups (ie, 20 or more) or continued posting of articles which are off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic. This will result in a charge to User in the amount of $250.00.This also applies to the usage of e-mail relays on other networks which provoke complaints from the recipients.

(b) Sending unsolicited mass emailings (i.e., to more than 50 users) which provoke complaints from the recipients. This will result in a charge to User in the amount of $1000.00.

(c) Engaging in either (a) or (b) from a provider other than AceWeb and using an account on AceWeb as a mail drop for responses. This will result in a charge to User in the amount of $250.00.

(d) Continued harassment of the other individuals on the Internet after being asked to stop by those individuals and by AceWeb.

(e) Impersonating another user or otherwise falsifying one’s user name in E-mail, Usenet postings, or IRC, or with any other Internet or BBS service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by AceWeb.


Illegal Activity

Users agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.


Other Prohibited Activities

The following activities are also prohibited:

Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
Intentionally transmitting files containing a computer virus or corrupted data.
Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Policies, may result in suspension or termination of the User's access to and use of the Service.


Cooperation with Investigations

We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.


Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our On-line Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."


Modifications

We reserve the right to modify these Policies from time-to-time in our sole discretion. We will notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Policies on our Web site.


Excessive Usage

All access numbers are deemed unlimited, EXCEPT access numbers designated with a *, **, or ***. All access numbers with a * are limited to 200 hours in a consecutive 30 day period. All access numbers with a ** are limited to 150 hours in a consecutive 30 day period. All access numbers with a *** are limited to 60 hours in a consecutive 30 day period. All access numbers are subject to policy on auto redialing and 6.0 hours continuous connection. Any access numbers with usage over 400 hours which will be considered as a dedicated connection. This service is intended for reasonable use by consumers. Limitations apply to excessive usage such as excessive number of calls during a fixed period, heavy usage during business hours or heavy usage concentrated over consecutive days. Users accessing the Service via a dial-up connection may have the user session terminated if the User is connected for over 6.0 hours continuous. Anyone with over 400 hours of usage will be considered as a dedicated connection and will need to upgrade their account to a dedicated account, otherwise your account may be canceled with no refunds. Anyone attempting to remain on line continuously by automatically redialing after being disconnected may be cancelled in order to protect our network resources and maintain Service availability for others.


Restrictions on Use of Account

It is your responsibility to keep your password secure. A User may not share your password or user account with any other party. A User may not resell or lease the Service or any portion thereof. You are allowed a single connection, from one location, at any given time. Simultaneous logins are not allowed, and will result in additional charges and/or suspension of your account. A User may not offer any public information service via the Service (including running a Web server or FTP server).


Inactivity Disconnects

A User may keep a user session connected only when the User is actively using the Service. We may disconnect the user session if there appears to be no interactive activity within a 20 consecutive minute time period. Activity that is automatically generated by the User's computer system through automated programs, scripts, re-dialers, or any other software or hardware device will not be considered "interactive." The use of any automated method to avoid inactivity disconnects or to automatically reinstate an inactive connection is prohibited.


Transfer of Account

A User may not transfer your account to anyone without our prior written consent.


Local & Long Distance Charges

User is responsible for all local and long-distance telephone charges for connecting to AceWeb, including the cost of their own data/phone line.


AS IS

AceWeb service is provided on an “as is, as available” basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to AceWeb or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by AceWeb or its providers.
Neither AceWeb nor its Providers are responsible for any damages arising from User’s use of AceWeb or by User’s inability to use AceWeb service.

AceWeb reserves the right to change without notice the AceWeb service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.

AceWeb is not responsible for typographical errors.

AceWeb is not responsible for User’s personal files residing on AceWeb’s servers. User is responsible for independent backup of his/her data stored on AceWeb. AceWeb is not responsible for any e-mails or data from personal websites that are lost.
AceWeb reserves the right to delete User’s personal files after one or both parties terminates agreement.

AceWeb reserves the right in its sole discretion to delete any information entered into AceWeb by User. AceWeb and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

Failure to use this account(s) does not relieve the User of payment obligations, except as specifically provided in this agreement.

Reselling of your web space is prohibited unless expressly contracted with AceWeb.
In the event the User defaults on this agreement, AceWeb may suspend or revoke the User’s membership privileges and the User may have to reapply for membership at the price AceWeb is charging to new members.

The User agrees to pay AceWeb’s reasonable attorney’s fees and court costs, where permitted, in collecting the amount due in the User’s agreement including credit card chargebacks and returned check.

Sexual images and illegal material on your web pages are prohibited.

Communication systems are subject to degradation of service from phenomena such as so-called “Line-Noise” interference and other causes beyond the reasonable control of AceWeb.
AceWeb may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.

AceWeb may offer credits to users who refer additional users who sign up for and keep AceWeb accounts through at least one billing cycle, provided that the new users signing up mention at the time of signup the login name or customer ID number of the user who referred them.

Non-Enforcement of any section of this Agreement does not constitute consent and AceWeb reserves the right to enforce this Agreement at its sole discretion.

If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and AceWeb’s agreement on all other paragraphs shall remain valid.

If you become aware of any violation of these Policies by any person, including Users that have accessed the Service through your account, please notify us at abuse@aceweb.com. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation these Policies by your Users of the Service. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.