Acceptable Use Policy
(Revised September 22, 1999)

• Intent and Scope
  
• Illegal Use of Digiverge Network
• Fraud
• Child Pornography
  
• Copyright Infringements
  
• Illegal Software Exportation
  
• Digiverge Network Resource Useage
  
• Third Party Liability
  
• Disclaimer and Effective Date

Intent and Scope

The purpose of this Acceptable Use Policy (AUP) is to inform our customers of our expectations regarding their use of the Internet through the DigiVerge Network. It is binding on all resellers and end-users of the DigiVerge Network. This policy should be read in conjunction with the DigiVerge Internet Access Agreement, and all other published DigiVerge policies.

Notice Any Violation(s) of This Acceptable Use Policy Will Result In Immediate Suspension or Termination of Your Account.

Illegal Use of Digiverge Network

DigiVerge neither censors nor precludes any content passing through its network. However, DigiVerge will not allow any user to use the DigiVerge Network in a manner that is illegal, or infringes on the rights of others. DigiVerge will cooperate with legal authorities in the investigation of any suspected criminal or civil infringements.

The following are examples of unacceptable use:

Fraud

Fraud is making a knowing misrepresentation or misleading statement, writing or activity with the intent that the person receiving it will act upon it.

Child Pornography

[18 U.S.C § 2256] defines child pornography as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct; (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or (D) such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct.

Such visual depictions are illegal to possess, produce, receive, transport or distribute by any means, including computer.

Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Rights

The Digital Millennium Copyright Act [17 U.S.C. § 512(c)] sets forth our responsibilities and duties as an ISP. The act requires us to take down any content on our servers that is properly alleged to be a copyright infringement, and we can only restore the content upon receipt of proper counter-notice. To notify us of a suspected infringement please contact our Infringement Notification Department.

Illegal Software Exportation

All users must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the DigiVerge Network (i.e., data encryption software).

This list is representative of prohibited activities and is not all inclusive.

Network Resource Usage

DigiVerge will not tolerate any conduct that constitutes invasions of privacy, or otherwise compromises the security of our users, our Network or its resources. Such acts include, but are not limited to:

1. Hacking/Violation of Privacy/Unauthorized Use
   
   
   1. attempting to access the accounts of others;
   2. penetrating or attempting to penetrate security measures of other computer systems, whether or not the intrusion results in corruption or loss of data;
   3. actual or attempted unauthorized entry and/or use of another company’s and/or individual’s computer system.

   This list is representative of prohibited activities and is not all inclusive of future violations. Any of the above acts, or similar acts will result in immediate termination of your service.

2. Abusive E-mail

   E-mailing in bulk, whether solicited or unsolicited, is prohibited. Sending unsolicited commercial E-mail (UCE) to multiple recipients, or any other activities that negatively impacts our mail system’s performance will not be tolerated. Examples of prohibited behavior include:

   1. Posting of messages to newsgroups that is irrelevant or blanket posting/cross-posting of messages to multiple newsgroups;
   2. Malicious impediments to another person’s use of electronic mail services or news media (e.g. Mail Bombing);
   3. Forging any message header, in part or whole, originating or passing through the DigiVerge Network;
   4. Ponzi Schemes, Chain letters, or Pyramid Schemes;
   
   
3. Network Resource Abuse

   The following are prohibited:

   1. Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems;
   2. Use of software or any device that would facilitate a continued connection with the DigiVerge Network, including, but not limited to pinging.

This list is representative of prohibited activities and is not all inclusive of future violations. DigiVerge has a zero-tolerance for E-mail and Network resource violations. Violators’ accounts will be promptly terminated without notice.

Third Party Liability

All DigiVerge subscribers and any third parties using their DigiVerge access account are responsible and accountable for any activity that violates this Acceptable Use Policy.

This list is representative of prohibited activities and is not all inclusive of future violations.

Disclaimer

DigiVerge does not assume liability for our subscribers’ violation(s) of this policy. DigiVerge reserves the right to make changes to this policy without prior notification to subscribers.