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MSE Acceptable Use Policy MSE Networks, LLC Acceptable Use Policy This document contains Terms and Conditions of Acceptable Use under which Customers or Users of MSE Networks, LLC (MSE) Service must operate. This document may be included as part of the Internet Service User Agreement between Customer and MSE Networks, LLC. A. Customer shall not use Service(s) for any purpose which shall be deemed by MSE to be Unacceptable Internet Use. This includes but is not limited to any sending or initiating of unsolicited 'spam' email, using an Account in any way as a target or host being advertised or used in any manner in any form of unsolicited email, any unsolicited or off topic messages in Usenet and/or other forums and/or bulletin boards, disguising or attempting to disguise or hide identity, or any use or action which causes an interruption or degradation of Service(s) or causes or leads to MSE taking action to respond to any concerns by MSE, current or former MSE customers, and/or other Internet users/providers/services including, but not limited to, MSE's providers. In the event that MSE must take action under this clause, Customer's Account may be Suspended and in the event that upon further investigation by MSE that Customer is found to have committed any or all of the above, Customer shall incur an Assessment of $300.00(three hundred dollars) per man-hour billed in one-half hour increments with a one-half hour minimum increment. Further, Customer agrees to abide by all rules of any system and/or provider and/or the like which they are using and any violation of those rules shall be deemed a violation of this clause and/or breach of this Agreement. 1. Other examples of unacceptable use include, but are not limited to, any program set to run on MSE's server(s) that is unauthorized, that interferes with MSE's server(s), other customers, or providers, or monitors or forges any portion of any protocol used on the Internet; Any use which causes MSE's server(s) or providers to come under attack or be blocked in any manner from other Internet services or providers; Any use of Customer's username or password by unauthorized individuals; Software piracy or other violation of copyright, trademarks, patents, or the like; attempting to gain access to unauthorized areas on MSE's server(s) or networks or accounts; any unlawful activity; any harrassment, fraud, scheme, or the like; giving false information; any activity deemed by MSE or its providers to be detrimental to MSE's or our proivider's services. B. Customer shall not use MSE Networks' systems as a means for long term or backup storage of email or other data. In the event that Customer's email spool size is larger than 500K with any messages older than 30 (thirty) days, the mail file may be deleted. Customer must use any free email accounts regularly. In the event that a free email account has not been checked in a 30 day period according to our records, that account may be deleted and reactivated with a $5.00 Service Fee Assessment at Customer's request. Email Only Accounts, free or paid, shall be used for the sending and receiving of email only and do not have the ability to connect with FTP or protocol other than SMTP or POP3 or have storage space for a website or other files. C. Customer agrees that there may be other Fees associated with Changing their Account Type, Services, and/or forwarding email and/or the like. Further, if Customer is on any automatic billing plan, MSE reserves the right to charge any Assessments via that method. D. Customer is solely responsible for setting and configuring File Permissions for any data, files or the like on MSE's server(s) and for any deletion, accidental or otherwise that occurs because of improper setting or configuration by Customer. E. In the event of a breach of this Acceptable Use Policy or other terms of the agreement between MSE and Customer, MSE will, if possible due to constraints, attempt to contact customer prior to disabling service(s), if such contact is possible. MSE shall not be held responsible if we are unable to contact customer prior to disabling their service(s). F. MSE reserves the right to deny access to the UNIX shell and no guarantee of permission and/or ability to execute specific program(s), application(s), command(s), script(s), or the like is given, further, for the purposes of this Agreement, Internet Services, and/or it's components shall be defined solely by MSE. G. Customer should have their Username and Password available when contacting MSE for any reason. H. By using their Account, Customer agrees to be bound by this Agreement and any future Agreement(s) regardless of whether or not they have physically signed this or any future Agreement. I. Customer should not use MSE's Physical Machine(s) as the permanent or sole site for storage of data, files or the like. MSE's Physical Machine(s) and backups should not be used as a means for backup or restoration of data, files or the like. J. Customer agrees to keep the information on their Account with MSE current. L. Customer agrees to release all claims of liability against MSE relating to and arising from Customer's Account and/or our Provision of a connection to the Internet. This includes, but is not limited to, any files, pictures, text, and/or data or the like sent or received while connected to our Service or any loss due to Service Outage(s) and/or damage to Physical Machine(s) or facilities. 1. MSE reserves the right but does not have the responsibility to review and/or remove any information, data, or the like stored on our Physical Machine(s) at any time and is not responsible for any loss due to review and/or removal, either intentional or unintentional. M. With some Account types Customer is allowed to place their own programs, data, or the like sometimes in the form of pictures and/or HTML Page(s) on MSE's HTTP Server(World Wide Web) and/or have files available via Anonymous FTP on MSE's Server. Customer accepts all responsibilities relating to said data, files, or the like, and for any matter arising out of Customer's data, files, or the like. These include, but are not limited to: 1. Customer agrees to pay all additional charges that are incurred as a result of excessive Bandwidth Usage, whether or not Customer or MSE have any control over the amount of Bandwidth being used. Usage above the purchased amount per month shall incur an Assessment of $5.00 (five dollars) per Gigabyte (GB) rounded up to nearest whole GB increment. If Customer's bandwidth usage accrues more than 5 (five) GB above their purchased amount, MSE reserves the right to remove Customer's Site in addition to the Assessment. MSE's Record(s) of Bandwidth Usage shall be the sole Record needed and used for an Assessment to be incurred and because such records may contain confidential and proprietary information, Customer has no right of access to such logs or records. 2. No CGI programs are allowed unless expressly provided by MSE or another agreement has been provided. Any and all Customer programmed CGI or other programs running on MSE's server shall be subject to resource limitations as determined by MSE and may at any time be terminated and removed if they are deemed by MSE to be unreasonably affecting service, response time, or the like. 3. Customer is wholly and solely responsible and liable for all content and Intellectual Property rights to any material(s) including any and all Copyrights and any other rights. 4. Customer's Page(s) may be Linked at MSE's discretion from MSE's Homepage(s) and MSE may use Customer's name from time to time in advertising as being an MSE customer. 5. If Customer requests that MSE perform any HTML Authoring, Design and/or Troubleshooting, System and/or File Maintenance and or FTP related Support, Customer shall be billed at the rate of $40.00(forty dollars) per hour with a one hour minimum. This provision is not meant to supersede or replace any other Agreement for like Services from MSE. 6. If Customer wishes to have an Anonymous FTP directory setup, Customer agrees to be fully responsible for any and all files or data placed in their anonymous FTP area whether or not they placed the files or data in the area. N. Customer is entitled to limited Technical Support from MSE. MSE Technical Support will attempt to assist Customer in connecting to our Physical Machine(s) for the first time and on one machine/install. MSE Technical Support cannot provide extensive assistance as solely defined by MSE for software not purchased from MSE and/or hardware or software related problems pertaining to improper configuration of Customer's hardware or software nor can MSE provide extensive tutorials as solely defined by MSE on the Internet and its resources. 1. Customer agrees to release all claims of liability against MSE for damages incurred by Customer or MSE or someone MSE can reasonably expect to be representing Customer to Customer's equipment, data or the like resulting from any Technical Assistance or Support provided by MSE, including but not limited to loss of data or software or the like from installation, uninstallation, deletion, moving of files, running of programs, physical contact, advice or troubleshooting whether performed by MSE or Customer or someone MSE can reasonably believe to be representing Customer. O. Customer shall not resell or sell any Internet services through that utilize their Account and Customer shall not run any servers, listen on any ports, offer any Internet services, for free or otherwise, or the like whatsoever. P. Violation of this policy can occur regardless of whether the violation was successful or attempted or conducted on behalf of or in relation to Customer by a third party. rev 03.1.00

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