Access America Internet Services: Acceptable Use Policy and General Terms and Conditions of Use

General. Access America encourages the responsible use of the Access America Network and Services (Access America's networks, systems, internet services, web sites and the internet in general) by our customers and has formulated this Acceptable Use Policy to specify the actions prohibited by the Users of our network and internet services. Access America reserves the right to modify this Acceptable Use Policy and General Terms and Conditions of Use at any time. Any use of the Access America Network and Services constitutes acceptance of this Acceptable Use Policy and General Terms and Conditions of Use.

Suspension or Termination of Service. Any User that Access America determines to have violated any element of this Acceptable Use Policy may be subject to suspension or termination of service, and if Access America deems necessary, immediate suspension or termination of service without notice. Access America may take further action as determined to be appropriate under the circumstances to eliminate or preclude repeat violations, and Access America will not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Access America's exercise of its rights under this Acceptable Use Policy.

Illegal or Inappropriate Use. Access America maintains no control over the content of information passing through the network. Users are solely responsible for any activities regarding the network, internet services and their account(s). Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited, including, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, as well as material that is obscene, defamatory, libelous, abusive, hateful, excessively violent, constitutes an illegal threat or violates export control laws.

Intellectual Property. Material accessible through the Access America Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the Access America Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the Access America Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

Harmful Content. Users shall not use the Access America Network and Services to transmit, distribute or store material that may be harmful to or interfere with the Access America Network and Services or any third party's networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses.

Fraudulent/Misleading Content. Users shall not use the Access America Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Email and Unsolicited Messages. Users shall not use the Access America Network and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email , where such emails could reasonably be expected to provoke complaints ("spam"). Further, Users are prohibited from using the service of another provider to send "spam" in order to promote a site hosted on or connected to the Access America Network and Services. In addition, Users shall not use the Access America Network and Services in order to (a) send e-mail messages which are excessive, unsolicited ("spam"), malicious ("mail-bombing") and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (e) use an e-mail box exclusively as a storage space for data.

Third Party Rules. Users may have access through the Access America Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.

Inappropriate Actions. Users shall not use the Access America Network and Services to conduct activities that may be harmful to or interfere with the Access America Network and Services or any third party's networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the Access America Network and Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. Access America will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity.

Responsibility for Content. Access America takes no responsibility for any material created or accessible on or through the Access America Network and Services. Access America is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Access America becomes aware that any such material may violate this Acceptable Use Policy and/or expose Access America to civil or criminal liability, Access America reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. Access America further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Access America deems responsible for the wrongdoing.

Warranty. No warranty is made by the Company regarding any information, service or product provided through, in connection with, or located on the computers at Access America facilities or elsewhere accessible through your account. The Company hereby expressly disclaims any and all warranties, including without limitations, any warranties as to the availability of, merchantability of, or fitness for a particular purpose of the Company's services. Any software is provided "as is" and without warranty of any kind. Use of freeware and shareware programs are governed by their respective licensing agreements and may contain restrictions on use including, but not limited to the requirement(s) to pay the author(s) a specified amount after a trial period has elapsed. Access America does not own or control information, services or products on the internet, except for Access America-identified content, information, services and products; all other content, information, services and products on the internet are provided by third parties not affiliated in any way with Access America. All responsibility and risk for the use of the Access America Network and Services is assumed by the user. The services are provided on an "as available" and "as is" basis only. Access America does not in any way warrant that the service will be uninterrupted or error-free or that any software, information or other accessible material via the services are free of worms, viruses, or other harmful components. Access America makes no express or implied representations, endorsements or warranties including, but not limited to, non-infringement or implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, warranties of title, information or service provided through Access America or on the internet in general. No information or advice of any kind or nature given by Access America, its employees, contractors or affiliates shall create a warranty or liability to Access America in any way. The internet contains unedited materials, some of which may be offensive to the user. Access America has no control over and accepts no responsibility for such materials. Access America shall not be liable for any damages or costs arising directly or indirectly for the use of the Network and Services. It is completely and solely the users responsibility to evaluate the completeness, accuracy and usefulness of all advice, opinions, services and other information or claims and the quality and merchantability of all merchandise provided through the Access America Network and Services or on the internet.

Liability. You agree to indemnify and hold harmless Access America from any claims resulting from your use of its Network and Services or any part of its Network and Services. Access America will not be responsible for any damages or costs that you and/or your business may suffer or incur when using any Access America service. Such damages or costs may include, but are not limited to: loss of income, loss of data, delays in service or interruptions in services caused by the company's own negligence or your errors or omissions or acts of God (such as thunderstorms, floods, etc.), non-deliveries, missed deliveries, electrical surge/damage/interference, communications line failure, theft or destruction of or unauthorized access to your account information, alteration of or other use of records by any person or entity whether in breach of contract or through negligence or under any other cause of action, any extemporaneous costs incurred by you in the use of your account (including, but not limited to, telephone company charges for long distance and toll calls, access fees required by any subscription services, equipment upgrades.)

Prohibition against resale, sharing or distribution, and unattended use of Internet Services. Users may not resell or distribute any Access America services in whole, or in part, without the express written consent of the Access America. Violation of this rule and any other contract with Access America may constitute grounds for terminating your account(s). Such violations may include:

· The sharing of usernames and passwords to enable multiple users to log in using an individual username more than once via one or more paid dial up accounts.

·  The unattended use of a dial-up account (i.e. by an automated server) is prohibited unless expressly allowed by Access America.

· The distribution of Internet services over internal, local area networks or external, wide area networks to multiple computers or servers, locations, networks or entities unless expressly allowed by Access America.

· The reselling of Internet accounts to multiple locations, networks, or entities unless expressly allowed by Access America.

· You may neither make your username and/or password available to others nor allow others to give you their username and/or password nor in any way allow others to use your account. You may not attempt to find or in any manner search out or aid and abet in an attempt by any other person to find the password of another user.

Idle Timers and Restrictions on Multiple Users of Accounts. Access America provides non-dedicated and dedicated classes of internet accounts. Non-dedicated accounts are intended for intermittent use. Dedicated accounts allow full-time connections to our network and services. Access America maintains session timers and idle time-outs features on all non-dedicated Internet accounts. Users with non-dedicated internet access accounts may not attempt to defeat idle time-out or session time-out regulations. Attempts to defeat idle time-outs and session timers may lead to termination of your services and/or the processing of an appropriate billing standard for such access. Use of non-dedicated accounts in a dedicated fashion will result in processing of an appropriate billing standard for such use, including the application of overage charges and/or upgrade to a dedicated account type or termination of services.

General Terms and Conditions of Use.

·  Access America Internet Service provides Network and Services for: internet access, electronic mail (e-mail), web-site hosting. All usernames, passwords, e-mail addresses, etc. will remain the property of Access America. All prices, features, network and services are subject to change without notice.

·  Age limitation. Subscribers must be at least 18 years of age. Subscribers assume full responsibility for minors accessing the internet and/or Access America Internet Network and Services. Minors accessing the internet will be governed by the Access America Acceptable Use Policy and the Terms and Conditions of Use.

·  Cancellation of Service. On non-contract plans, service can be cancelled with 30 days written notice. Internet accounts are charged on a monthly basis and there is no proration of charges for the remainder of the month. On contract plans, service can be cancelled with 30 days written notice. Any termination liability specified in the contract will apply.

·  Payment and invoicing. Internet services are invoiced and paid in advance of use. Invoices are due and payable upon receipt. Payment must be rendered for the full amount of each monthly bill so that payment is received by Access America in its office in Oak Ridge, Tennessee no later than the due date printed on the invoice (this is normally the first calendar day of the month following the month in which the bill is rendered, i.e. 10 days). If any payment is not received by the due date, finance charges of 1.5% will apply and the account may be suspended. If an account is suspended for non-payment or late payment, the setup fee applicable to the particular type of account will be charged in order to re-activate the account. Accounts will be re-activated at the sole discretion of Access America. The charge for returned checks (i.e. for insufficient funds) is $25 per returned check. If an account remains unpaid and is turned over to a collections agency or is placed in the hands of an attorney for collections the subscriber agrees to pay reasonable attorney fees, court costs and all charges related to collection of the account.