Prexar USA's Acceptable Use Policy

1. Policy Introduction
Prexar services (including those services provided under the names AcadiaNet, Waterville Online, Powerlink, LamereNet and Internet Maine) are provided to support entertainment, research, education and commercial applications in Maine. In general, use of service is deemed to be acceptable insofar as it does not impede the use of those applications by others.

2. General Terms
Uses of the Prexar network as described below are prohibited under this Policy. These descriptions are to be considered guidelines and are not intended to be all-inclusive.

In general, we require that our customers:

• Do not seek to gain unauthorized access to resources of the Internet.
• Do not disrupt the intended use of the Internet.
• Do not waste resources (computer, line capacity or people).
• Do not destroy the integrity of computer based information.
• Do not compromise the privacy of users.

2.1 Illegal Activities
Criminal & Illegal Activity or Threats
It is not acceptable to use Prexar Internet services for purposes that are illegal. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and materials of a threatening nature, including threats of physical harm or death, defamation, libel, and harassment.

Security Violations
Whether or not successful, Prexar Internet services may not be used in connection with violating the security of a network, service, or other system, be it private, public or commercial. Examples of prohibited activities include hacking into, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.

Prexar customers are responsible for maintaining the basic security of their systems to prevent their use by others in a manner that violates this Policy.

2.2 Malicious Intent
Offensive Materials/Language
Prexar may not be used for the distribution of offensive materials or language, including hateful, indecent, obscene and pornographic materials.

Spam
Spam is an unacceptable use of Prexar Internet services. Spam includes any of the following actions:

• Posting a message or messages similar in content, to more than five online forums or newsgroups.
• Posting messages to online forums or newsgroups that violate the reasonable guidelines of the forums or newsgroups.
• Collecting the responses from UCE (unsolicited e-mail).
• Sending any unsolicited e-mail that could be expected, in Prexar discretion and of that of the recipient, to provoke complaints.
• Sending e-mail with charity requests, petitions for signatures, or any chain mail related materials.
• Sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin.

Network Disruptions (DOS)
Using the Services for any activity that adversely affects the ability of other people or systems to use Prexar Services or the Internet. This includes "denial of service" (DoS) attacks against another network hosts or individual users. Interference with or disruption of other network users, network services, or network equipment is prohibited. It is the Prexar customer's responsibility to ensure that their network is configured in a secure manner.

Other ISPs
It is unacceptable to use Prexar Internet services to violate another ISP's (Internet Service Provider's) acceptable use policy and/or terms of service.

Collection of Personal Data.
Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

2.3 Intended Use of Services
Personal Web Pages
Personal Web Pages are for NON-COMMERCIAL use only. Prexar reserves the right to remove any Web pages at its discretion. All web pages must adhere to Prexar's Acceptable Use Policy and to the Terms and Conditions of Web Service.

Commercial Web Pages
Commercial Web Pages must adhere to Prexar Acceptable Use Policy and the terms and conditions of web service.

Residence versus Commercial Service
Prexar offers services that are considered "residential" and those that are considered "business." "Residence" services, as a rule, are designed for casual use and are not optimized for the business environment.

Unlimited Access Is Not Dedicated Access
The Prexar modem pools and Internet backbone connection facilities are designed and maintained as a shared resource for the use of Prexar dial up, ISDN, xDSL and Frame Internet access customers. Flat rate or unlimited plans were created for those customers who desire economical access without having to watch the clock.

Due to the unlimited nature of these services it is possible for customers to use them in a manner which will adversely affect the overall quality of Prexar service(s) and as a result, negatively affect the experience of other Prexar customers. It is therefore necessary that Prexar, at its sole discretion, reserve the right to determine whether services are being used appropriately and if not take one of the following actions:

a) In the event that a service intended for residential use is, in the opinion of Prexar, being used for business (or non-typical residence) purposes Prexar may recommend upgrading to a "business class" equivalent; or

b) Terminate or refuse service. (see Consequences)

As a guideline, however, unlimited services are intended for use by customers who are actively using the connection. When not active, unlimited accounts should log off.

Please be assured that it will always be Prexar's commitment to monitor and increase the size of the Internet backbone and modem pools as appropriate to avoid congestion, but we need your cooperation. Feel free to contact us for further clarification.

Single Number Service (Prexar Anywhere)
Prexar's Single Number Service "1-500" number is a toll-free call from most phones in the state of Maine. In some cases where PBX and other phone systems separate phone lines from direct outside telephone access (as in hotels, motels, and some businesses), the 1-500 call may fail to be processed as toll-free due to the failure of those phone systems to properly recognize the 1-500 prefix. Prexar encourages users to check with hotel, motel, or business staff to ensure that 1-500 calls are processed as toll-free on phone systems. Prexar is not to be held responsible for toll charges on dial-up calls made through phone systems.

Use of Prexar's Local and Toll-Free Access Numbers
Prexar's Single Number Service "1-500" number is a toll-free call from most phones in the state of Maine. Using the 1-500 number from a non-supported phone or from outside of Maine (Verizon-connected or not) may result in long distance charges or the inability to connect. Prexar is not responsible for any long distance charges that may appear on your phone bill.

2.4 Indirect Access
A violation of this Policy by an individual having only indirect access to Prexar through a customer or other user will be considered a violation by the customer or other user, whether or not the violation is with the knowledge or consent of the customer or other user.

In addition, this policy applies to any e-mail or content sent by you or on your behalf. This includes using a Prexar Internet account as a mailbox for responses or publicizing content hosted or sent using Prexar facilities, or which indicates in any way that Prexar was involved in the transmission of such e-mail or content.

2.5 Consequences
Violations of this Policy may result in a demand for immediate removal of offending material, immediate temporary or permanent filtering, blocked access, suspension or termination of service, or other action appropriate to the violation, as determined by Prexar in its sole discretion. It is Prexar's preference to give notice so that violations may be addressed voluntarily when practical; however, Prexar reserves the right to act without notice when necessary, as determined by Prexar in its sole discretion. Prexar may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.

Refunds or credits are not issued in connection with actions taken for violations of this Policy.

2.6 Incident Reporting / Contact Information
Complaints regarding violations of this Policy by a Prexar Internet customer should be forwarded to support@usawebhost.com.

If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

E-mail with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

2.7 Revisions to this Policy

Prexar may modify this policy at any time, without prior notification, effective when posted to Prexar's public web site. Notice may also be provided via electronic mail or regular mail.

Last Revision: December 13, 2002