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PenTeleData Internet Access Acceptable Usage Policy

PenTeleData provides Internet Access to residential customers by a dial-up service named ProLog and a high speed service named ProLog Express. This Acceptable Use Policy (AUP) applies to both services and which are collectively referred to in this document as "PenTeleData." All Users of PenTeleData, hereby agree to the following terms of this AUP. If you are not in agreement with these terms, please immediately contact PenTeleData via e-mail at custserv@corp.ptd.net.

Without advance notice, the terms of this AUP may change. Please routinely refer to this web page for any updates. This AUP is part of a binding contract between PenTeleData and its customers and Users. Use of the PenTeleData system represents implicit acceptance of the terms and conditions of this AUP.

THE PENTELEDATA SYSTEM IS ONLY FOR USE BY PENTELEDATA CUSTOMERS

PenTeleData monitors persons improperly using the PenTeleData system. Therefore, the activities of unauthorized persons who attempt to access PenTeleData's system will be electronically monitored and recorded by PenTeleData system security; unauthorized access to the PenTeleData system is tracked and logged. PenTeleData reserves the right to monitor the activities of its Users for any reason permitted by law.

According to the terms set forth in this AUP, any User of the PenTeleData system accepts aforementioned monitoring and is advised that if said monitoring reveals evidence of criminal activity, PenTeleData security personnel may provide the information to appropriate law enforcement officials.

Definitions

Commercial Use: Any use of PenTeleData services for the exchange of goods, products, or property of any kind whether for profit or not.

Residential/Commercial Dialup Unlimited Access: The ability to logon to PenTeleData at anytime without hourly fees for any use which is consistent with this policy. PenTeleData reserves the right to time-out a customer's connection after 30 minutes of inactivity or after 4 hours of continuous use. (If you are disconnected because of a time-out, simply log-on again.) Dialup Unlimited Access customers are not permitted to operate Information Services of any type. Customers wishing to operate information services of any type are encouraged to contact the Commercial Sales Department to establish a Commercial Dedicated Account. Customers who operate servers will receive warnings to refrain from such activity. Disregard for these warnings may result in termination of the customer's account.

Residential PenTeleData Express Cable Access: The ability to logon to PenTeleData at anytime without hourly fees for any use, which is consistent with this policy. Residential customers are addressed dynamically and may not attempt to force static addressing. Residential customers may not operate information services of any type. Residential customers wishing to operate information services of any type are encouraged to contact the Commercial Sales Department to establish a Commercial Dedicated Account. Customers who operate servers or attempt to force static addressing are in violation of this Acceptable Usage Policy. Disregard for these warnings may result in termination of the customer's account.

Hacking/Cracking: The trespass into computer systems, using them without authorization, either maliciously, for public gratification or any other purpose.

Idle or Inactivity: Remaining logged in while periodically polling servers but not actively performing either outbound\inbound activities.

Internet: The Internet is an international computer network. The Internet is not owned, operated, or affiliated in any way with PenTeleData, Inc.

Minor: Any person under 18 years of age.

Phreaking: Cracking into telephone communication systems, in order to make use of unauthorized telecommunication services.

System: Any computer software, hardware, or data transmission devices including but not limited to routers, switches, hubs, servers, etc.

PenTeleData System: Any System under the control and/or administration of PenTeleData LP I

Information Service/Server: A kind of software that runs a service operating on the Users computer which offers access to their computer for individuals on the Internet. A particularly common term on the Internet, which is common with mail servers, web servers, news servers, ftp servers, and the like.

Time-Out: After a period of idleness, inactivity, or extended connectivity, PenTeleData reserves the right to disconnect the customer.

Use: Being physically present at your terminal while actively performing inbound/outbound activities.

User or Customer: The collective term identifying the account holder or any authorized member of their immediate family or business at the service address.

USER RIGHTS AND RESPONSIBILITIES

The following rules of usage for PenTeleData customers are intended to facilitate and ensure the easiest, widest range of accessibility to the Internet through our service.

Server Operation: Dial-up and high speed access customers are not permitted to knowingly operate information servers of any type. Servers include, but are not limited to, Web servers, FTP servers, Mail servers, IRC servers, etc. Any customer accounts found knowingly operating a server of any type may face immediate and permanent revocation of service. If customers wish to operate any type of server, contact Commercial Sales to establish a Commercial Dedicated account.

Commercial Postings: Commercial postings, those for monetary gain whether for profit or non-profit, via e-mail, newsgroup postings etc, except those in which it is specifically permitted, is prohibited by PenTeleData.

Impersonation: Assuming or Attempting to assume the identity of another person on a PenTeleData system or a system accessible through PenTeleData is prohibited.

Abuse Complaints: Complaints concerning a customer from the PenTeleData domain may be submitted to abuse@ptd.net. When submitting complaints please include the following information:

1. The IP address used to commit the infraction
2. The date that the infraction was committed
3. The time that the infraction was committed
4. The time zone relevant to when the infraction was committed
5. Evidence of the alleged infraction

E-mail forwarded with full header information is normally sufficient. Syslog or Firewall logs will normally provide all of the above. Certain other situations may require additional information as determined by PenTeleData.

Illegal Activities: All Users must comply with all federal, state, and local laws. Violation of law is also a violation of this Policy. Activities deemed as illegal by PenTeleData are documented in the Illegal Activities section of this Acceptable Usage Policy.

E-mail and Newsgroup Transmission and Use: Use of all PenTeleData mail servers and systems, including promail.ptd.net, mail.ptd.net and mail.ptdprolog.net, unless explicitly noted, is restricted as follows. All activities noted below are strictly prohibited by PenTeleData and may subject the customer to immediate and permanent termination of the customers account.

1. No Chain Letters: See “Chain Letters” under Illegal Activities
2. No Sending of Unsolicited E-mail: mailing of unsolicited, unwelcome and undesirable e-mail (Spam) to one or more Users or newsgroups is prohibited.
3. Relaying: Relaying of outbound e-mail is only permitted by users of active PenTeleData e-mailboxes, for outbound messages of that active PenTeleData e-mailbox. It is prohibited to send outbound e-mail through the PenTeleData mail servers in any other method.
4. Excessive e-mail use: PenTeleData reserves the right to delay or reject messages when more than 100 messages or message recipients per day is exceeded for inbound or outbound e-mail. Repeated offenses may result in account suspension or termination. Customers requiring this service should contact PenTeleData commercial sales and request a Listserve Service.
5. “From:” message header spoofing: The “From:” header on outbound messages must always match the active PenTeleData e-mail account that is intended to be used for the outbound e-mail message.
6. E-mail de-activations: PenTeleData provides Customers with up to 5 e-mailboxes per account. Any e-mail box that is inactive for six consecutive months will be deleted. Any e-mail within an inactive e-mailbox is probably spam and will be automatically deleted without inspection along with the e-mail box. Once deleted, the e-mail address associated with the e-mailbox will be deleted and become available for assignment to other customers. An e-mailbox is inactive if it has not been checked in 6 months, does not have an e-mail forward associated with it and is not the primary login for a dial-up account. If you intend to keep a mailbox active you may do so by retrieving e-mail from within the e-mailbox at least once every 6 months . PenTeleData is not responsible for any loss of any kind because of the deletion of boxes or the e-mail inside. If your e-mailbox is deleted for inactivity, you may contact Customer Service at 800.804.5783 to have the e-mailbox reinstated if the e-mail address is still available.

Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall PenTeleData, or its affiliates be liable for any special, incidental, indirect, punitive, or consequential damages whatsoever (including without limitation, damages for loss of business, service interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Service, your inability to access the internet or any part thereof through the service or your reliance on or the use of information services or merchandise provided on the internet or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance.

Indemnification: You, as a customer of PenTeleData, agree to hold PenTeleData harmless from any and all losses, claims, damages, expenses, and attorney fees, which may result from or are alleged to result from your use of PenTeleData systems or services.

Responsible Use: PenTeleData is not responsible for the content of any data originating from any PenTeleData system or any system accessible through PenTeleData. You, the account holder, are exclusively responsible for the content of any and all information you or any User of your account may transmit in any format or form.

General Knowledge: Customers are responsible for maintaining a general knowledge of their operating system, their communication equipment, and any software used to access PenTeleData services or any services accessible through PenTeleData. Any technical support offered to customers outside the scope of Internet service is at the sole discretion of the technical representative.

Minors: By utilizing the services provided by PenTeleData, the Parent/Guardian understands that it is not the responsibility of PenTeleData to monitor or restrict the data transmittal, retrieval or distribution activities of the minor child. Third party Internet filtering and blocking software is available for use, though PenTeleData does not offer support in any aspect of the third party filtering package. The Parent/Guardian agrees to hold harmless PenTeleData from any and all losses, claims, damages, expenses, and attorney fees, which result from or are alleged to result from your use of PenTeleData systems or services. Content filtering solutions are available to customers for more information contact the applicable sales department.

Technical Support:

1. You are responsible for obtaining and maintaining any communication equipment necessary to connect to PenTeleData, including modems, communication software, computer hardware, and local telephone service or long distance telephone service.
2. PenTeleData Technical Support Personnel, while trained in a multitude of operating systems and software applications, cannot guarantee that the suggested solutions will solve all problems encountered. PenTeleData will not be responsible for additional difficulties, including but not limited to loss of data, interruption of service, interruption of information service, interruption of\or loss of business services dependant on PenTeleData services, arising out of solutions presented by technical support representatives.
3. PenTeleData is not responsible for nor will the customer hold PenTeleData liable for any long distance telephone charges accrued.
4. Technical support for Unlimited Access accounts is offered only on software included within the PenTeleData customer account Compact Disc. Technical support for E-mail only accounts is strictly limited to e-mail software configuration.
5. PenTeleData support of any third-party service, product, or application is at the discretion of PenTeleData representatives and may be discontinued at any time.
6. Verbal or written abuse of PenTeleData employees may result in the termination of the customer account, and/or involvement of Federal, State, or Local law enforcement officials.
7. PenTeleData reserves the right to notify, via e-mail, customers of network upgrades, scheduled network downtime, and any communications with customers PenTeleData deems appropriate for e-mail to its customers.

Multiple Users: PenTeleData prohibits concurrent, multiple-User logons from the same Residential "Unlimited Access" dial-up accounts. In addition, the account holder is responsible for the activities of any User permitted to use your logon. Multiple members of the same entity are permitted to use the same account, but are not permitted to use the same account simultaneously.

Connection Sharing: PenTeleData prohibits sharing Residential dial-up connections among more than one computer. Sharing "constant" Residential Internet connections (e.g. cable access, wireless access, or DSL access, etc.) among more than 5 computers is prohibited. Sharing a “constant” connection among more than five computers requires a commercial account.
E-mail Privacy: Pursuant to the Electronic Communications Privacy Act
(http://www4.law.cornell.edu/uscode/18/2701.html), PenTeleData cannot guarantee the same protection or level of privacy for electronic communications (e.g. E-mail, newsgroup posting, private electronic conversations, etc.) as assured by the United States Post Office. You should assume that other persons could view any and all communications passed on or through PenTeleData systems or systems directly accessible through PenTeleData.

Broadband Bandwidth: PenTeleData and your broadband service provider offer multiple tiers of high speed Internet access with different speeds and bandwidth usage limitations (not all packages are available in all areas). Customer acknowledges that any quoted bandwidth rating/transfer rate for broadband Internet Service is a maximum rate and are not guaranteed. PenTeleData and your broadband Internet provider reserve the right to manage its networks to provide for maximum efficiency. As a user, you must ensure that your activities do not improperly restrict, inhibit, or degrade any other user’s use of the service or PenTeleData’s ability to deliver and monitor the service, or our network resources and do not represent (in the sole judgment of PenTeleData) an unusually large burden on the network itself. Users found to be (in PenTeleData’s sole judgment) in violation of this policy may have their accounts terminated, suspended, or upgraded to a higher level of service, subject to the appropriate fees. PenTeleData will use reasonable efforts to notify a customer prior to service termination for excessive bandwidth use.

Customer Privacy: PenTeleData will not release to any entities information which you provided in your Account Application including name, address, credit card numbers, bank account numbers, except for the purpose for which it was provided unless required to do so by law or in case of emergency as determined by PenTeleData in its sole discretion.

Information Integrity: The risk as to quality, performance and accuracy of any information or software obtained through our service is exclusively with the customer. PenTeleData does not warrant any and all such electronic information nor will it be held responsible for any damages caused by such data.

Commercial Use: Web pages provided as part of the Internet Access Service are for residential use only. PenTeleData prohibits commercial use of these Web Pages. The offending page must be altered or removed upon a warning being issued or access to it will be denied. This includes but is not limited to commercial advertising, commercial banners, etc. Commercial web pages are available at additional charges. Information can be found at custserv@corp.ptd.net.

Third Parties Purchases: PenTeleData is not responsible for merchandise or services purchased from independent sellers on PenTeleData systems or systems accessible through PenTeleData. This includes, but is not limited to, purchase terms, warranties, guarantees, maintenance or deliveries. PenTeleData is not party to such transactions and is not liable for any costs or damages arising out of, either directly or indirectly, the actions or inactions of sellers.

Filtering Solutions: For customers subscribing to the PenTeleData Internet Content Filtering Solution be aware that PenTeleData filtering solution relies on an extensive database of websites and key words maintained by the 8e6 Technologies. PenTeleData cannot be held responsible for anyone's viewing of a site that is not contained in the 8e6 Technologies X-STOP database. Similarly, while PenTeleData has made every effort to deny Users the ability to circumvent the filtering solution, we will not be held responsible for anyone's viewing of a site that would normally have been filtered if they made an active attempt at circumventing the filtering solution.

Virus Scanning: As a service to our customers and for the protection of the PenTeleData Network, PenTeleData may scan incoming and outgoing email for viruses. PenTeleData does not read email in this process. An automated process checks email to see if it contains viruses. If a virus is detected, for your systems safety and the safety of the PenTeleData network, your email containing the virus will be quarantined and if necessary, your account may be frozen in an attempt to prevent further infections. This service is a first line defense against viruses. It is not intended to be nor should it be relied upon to be your sole source of virus protection. We strongly encourage all of our Users to use any of the commercially available anti-virus software such as McAfee or Norton Anti-Virus. Because no virus scan is 100% effective or reliable, PenTeleData cannot be held liable for any damage to any computer, software, any peripherals or any data caused by any virus(es). The limitation on liability included in this AUP specifically applies to the virus scanning process.

Customer Network Security: Customer must use reasonable security methods to protect the PenTeleData Network from Illegal Activities as defined herein, including viruses, worms, etc. Reasonable Security methods include, without limitation, maintaining current security operating system patches, proper configuration of wireless devices, routers, switches or other networking devices. Failure to utilize reasonable security methods may result in immediate termination of service without notice if PenTeleData determines that termination is necessary to protect its network.

ILLEGAL ACTIVITIES

Illegal activities will not be tolerated. The following is a partial list of activities deemed illegal. These activities as well as those deemed illegal by local, state or federal law enforcement agencies will be in violation of this Acceptable Usage Policy.

Unlawful Use: PenTeleData is not to be used for purposes contrary to Federal, State, or Local ordinances, regulations or statutes. Copyrighted, patented or trademarked materials are subject to the Intellectual Property Provisions of this Policy. Additionally, you may not, by use of any PenTeleData or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Chain Letters: You agree not to post or transmit letters or messages, on or through PenTeleData systems, which offer a product or service based upon the structure of a chain letter. These activities may result in the immediate and permanent termination of your customer privileges.

Child Pornography: You agree not to post, transmit, display, receive or distribute visual depictions in any form involving the use of minors engaging in sexually explicit conduct. The posting, displaying, transmitting, receiving or distribution of said depictions will result in the reporting of such activities to local, state or federal law enforcement agencies.

Hacking, Cracking, Phreaking: PenTeleData customers agree not to probe, scan, access, or breach the security of any PenTeleData system or any system accessible through PenTeleData without authorization or exceeding authorized access. You agree not to attempt to gain access to or modify any other User's account. You agree not to interfere with or attempt to prohibit, restrict or alter the normal operations of PenTeleData systems or any other systems accessible through PenTeleData. Hacking, cracking, phreaking, etc. may result in the immediate and permanent termination of your customer privileges.

Unauthorized Monitoring: You agree not to monitor the traffic or data on any PenTeleData system or any system accessible through PenTeleData without authorization or exceeding authorized access.

Denial of Service: You agree not to abuse any system or any system accessible through PenTeleData, by inhibiting or causing a denial of service (e.g. any Internet Protocol based flood attack) of other Users to effectively utilize such system. Denial of service attacks will result in the immediate and permanent termination of your customer privileges.

Stalking/Harassment: The Stalking, Harassment, Badgering, bothering, taunting or other offensive behavior towards another User of a PenTeleData system or any system accessible through PenTeleData by electronic means (e.g. IRC, E-mail, newsgroups, etc.) is prohibited by PenTeleData. These activities may result in the immediate and permanent termination of your customer privileges. These activities may border on criminal depending upon circumstances and could result in the immediate termination of a customer's User privileges.

Spoofing: Assuming the IP Address of another User or sourcing traffic from an IP address that was not assigned to you by PenTeleData. Assuming the IP address of another User not only denies service to the rightful owner of that IP Address, but it is also considered a hostile act by PenTeleData and subject to immediate and permanent termination of the offender's account.

Obscene: The personal use of or commercial distribution of vulgar language, sexually suggestive language, obscene language, obscene images or vulgar images which are transmitted, posted, or displayed are prohibited to traverse any PenTeleData system or any system accessible through PenTeleData. Obscenities may result in the immediate and permanent termination of your customer privileges. These activities may border on criminal depending upon circumstances and could result in Federal, State or Local Law Enforcement involvement.

Account Fraud: Knowingly using another customer's account on any PenTeleData system or on any system accessible through PenTeleData without their authorization, or in excess of authorized access risks the immediate and permanent termination of customer privileges.

Copyrighted Material: You agree not to post, transmit, display, or distribute through PenTeleData any content that infringes on a third parties copyright, trademark, service mark, or trade secret without the expressed written consent of the third party.

Law Enforcement: PenTeleData will fully cooperate with any Federal, State or Local Law Enforcement Agency (after receipt of a requisite subpoena) in the investigation and prosecution of any crime involving PenTeleData's customers or its service.

RESIDENTIAL HOMEPAGES

PenTeleData provides its customers with free Residential Homepages. The purpose of the homepage is to give PenTeleData customers the opportunity to create a page on the World Wide Web. PenTeleData is not responsible for the content of any Residential Home Pages. The account holder is solely responsible and by posting a residential home page specifically agrees to indemnify and hold PenTeleData harmless, including reasonable attorney’s fees, for any liability arising out of or connected in any manner to the Residential Home Page. Customers are responsible and are solely legally accountable for all liability including but not limited to defamatory comments, copyright and trademark violations. Residential home pages are not to contain profanity and obscenities. The substitution of alternate characters in place of letters for profanity is not permissible. Residential Home Pages may not contain banner advertisements promoting commercial or monetary gain.

PenTeleData does not preview any Residential Home page prior to posting. PenTeleData does not verify, endorse, review or otherwise involve itself in the page before it is posted. PenTeleData reserves the right to remove any page from the system without warning.

Unacceptable Content for Residential Home Pages
The following are prohibited:

1. Advertising products or services by non-profit entities (such as Charitable Organizations, Professional Societies, Service Groups) as well as for profit entities.
   a. Display of Advertisements, including banner exchange services.
   b. Conducting raffles, lotteries, or contests.
   c. Pages that are patently offensive, as determined by PenTeleData, including but not limited to bigotry, racism, hatred and profanity.
   d. Pages that promote physical harm or injury to any group or individual.
   e. Pages that contain nudity, pornography or obscenities of any kind.
2. Pages that promote illegal activities including but not limited to hacking, cracking, warez, denial of services, phreaking, etc.
3. Password only and restricted access pages.
4. Pages with hidden images or pages.
5. Pages with unauthorized third party copyrighted, trademarked, service marked, or trade secret materials.
6. Use of the page that would otherwise violate the PenTeleData Acceptable Usage Policy or Service Agreement.

INTELLECTUAL PROPERTY

PenTeleData subscribers have access to a vast quantity of information on the Internet. Some of that information is the intellectual property of others, which carries restrictions on its copying and usage. Intellectual property rights are held by the owners/creators of the work and are protected by copyright, trademark and patent law. Many works include the symbols © to designate copyright, ™ to indicate trademark, and ® to indicate a registered mark. The lack of any symbol, however, does not mean that the law does not protect the work.

Subscribers who use PenTeleData services from computers within PenTeleData's domain (hostname or address may include ptd.net or ptdprolog.net) must not copy, use, or distribute copyrighted or trademarked works of others without the expressed permission of the right holder.

PenTeleData is part of the global Internet connection that links PenTeleData customers to web based news, USENET, and mailing lists to Users not part of the PenTeleData domain. By an automated computer process, PenTeleData receives articles from other USENET servers, web based news servers, mailing lists, and makes the articles posted from those services available to PenTeleData customers. The articles will normally, automatically expire at a predetermined time. PenTeleData does not have the ability to control the contents of any posted articles or distributed information. PenTeleData is simply a conduit for transferring the articles to and from its Users.

If you believe that a PenTeleData customer on the PenTeleData domain has violated your intellectual property rights, send notification to:

David Masenheimer, Esq.
PenTeleData, Inc
PO Box 197
Palmerton, PA 18071
davemase@ptd.net

The Designation of Agent to Receive Notification of Claimed Infringement can also be found on the Copyright Office’s website at http://www.loc.gov/copyright 17 U.S.C. 512 ©(2). Additional information on Copyright Infringement can be located at http://www4.law.cornell.edu/uscode/17/ch5.html
The written notification shall include the following:

1. The Web page address, e-mail, newsgroup posting etc.
2. Documentation demonstrating that you have contacted the alleged violator and requested that the violating material be removed.
3. Proof that you are the holder of the copyright, trademark, etc., including registration number, a copy of the work infringed and a certification, under oath, that the work is your property, that your rights in the work have been violated and that the alleged offenders use of the work is not capable of a defense.

When PenTeleData receives the notification, PenTeleData will contact the alleged offender and request a response. If PenTeleData determines that the complaining party has raised a legitimate complaint, the offender’s page will be disabled until it is altered. If PenTeleData determines that the complaining party has not raised a valid claim, PenTeleData will permit access to the page.