ONSITE ACCESS INTERNET ACCEPTABLE USAGE POLICY. I. General Overview It is ONSITE ACCESS' policy to offer unlimited, uncensored access to the Internet. However, as with any user-oriented service, ONSITE ACCESS has certain guidelines and rules which must be enforced for the benefit of both ONSITE ACCESS ACCOUNTHOLDERs and all other Internet users throughout the world. ONSITE ACCESS therefore requires ACCOUNTHOLDERs to adhere to the guidelines set forth herein. II. Accountholder Consent To Guidelines Please read these Guidelines, and the Terms and Conditions for Internet Services carefully before opening or continuing a dial-up/dedicated account with ONSITE ACCESS. By using ONSITE ACCESS services, you agree to comply with these Acceptable Use Guidelines, and ONSITE ACCESS may terminate your ONSITE ACCESS account if you fail to comply with these guidelines. IF YOU DO NOT AGREE TO BE BOUND BY THESE GUIDELINES, YOU SHOULD IMMEDIATELY END YOUR USE OF ONSITE ACCESS SERVICES AND ONSITE ACCESS SOFTWARE AND NOTIFY THE ONSITE ACCESS CUSTOMER SERVICES DEPARTMENT SO THAT ONSITE ACCESS MAY INITIATE A CLOSURE OF YOUR ACCOUNT. A. USE OF SERVICES The ACCOUNTHOLDER agrees to use ONSITE ACCESS' services for lawful purposes, in compliance with all applicable laws. ONSITE ACCESS dial-up/dedicated accounts are provided for use in conformance with these Guidelines and Terms and Conditions. ONSITE ACCESS reserves the right to investigate suspected violations of the Guidelines. When ONSITE ACCESS becomes aware of possible violations, ONSITE ACCESS may initiate investigation which may include gathering information from the ACCOUNTHOLDER or ACCOUNTHOLDERs involved and the complaining party, if any, and examination of material on ONSITE ACCESS' servers. During an investigation, ONSITE ACCESS may suspend the account or accounts involved and/or remove the material involved from its servers. If ONSITE ACCESS believes, a violation of these Guidelines has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of material from ONSITE ACCESS' servers, the cancellation of news group posts, warnings to the ACCOUNTHOLDER or ACCOUNTHOLDERS responsible, and the suspension or termination of the account or accounts responsible. ONSITE ACCESS, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the ACCOUNTHOLDER to criminal or civil liability. B. USE OF MATERIALS Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using ONSITE ACCESS services. ACCOUNTHOLDERS may also re-distribute materials in the public domain. The ACCOUNTHOLDER assumes all risks regarding the determination of whether material is in the public domain. The ACCOUNTHOLDER is prohibited from storing, distributing or transmitting any unlawful material through ONSITE ACCESS services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The ACCOUNTHOLDER may not post, upload or otherwise distribute copyrighted material on ONSITE ACCESS' servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the ACCOUNTHOLDER to criminal as well as civil liability, in addition to the actions outlined in Section II.A. above. The ACCOUNTHOLDER may not store or distribute certain other types of material on ONSITE ACCESS' servers. Examples of prohibited material include, but are not limited to, programs containing viruses or trojan horses and tools to compromise the security of other sites. C. PASSWORDS ONSITE ACCESS dial-up/dedicated accounts are for ACCOUNTHOLDER use only. ACCOUNTHOLDERS may not share passwords or accounts with other individuals or corporate users. ONSITE ACCESS may provide passwords to ACCOUNTHOLDERS. In the event that the security of an ACCOUNTHOLDER is compromised, ONSITE ACCESS may provide the ACCOUNTHOLDER with a new password. ONSITE ACCESS staff may monitor the security of ACCOUNTHOLDERS passwords at any time. An ACCOUNTHOLDER with an insecure password may be directed to change the password to one which complies with the above rules. ACCOUNTHOLDERS who repeatedly choose insecure passwords may be assigned a password by ONSITE ACCESS; continued failure to maintain password security may be grounds for account termination. D. SYSTEM SECURITY The ACCOUNTHOLDER is prohibited from utilizing ONSITE ACCESS services to compromise the security or tamper with ONSITE ACCESS' system resources or accounts on any of ONSITE ACCESS' computers, routers, terminal servers, modems, or any other equipment at ONSITE ACCESS or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools or network probing tools. Any attempt to access any of ONSITE ACCESS' corporate assets is strictly prohibited. ONSITE ACCESS reserves the right to release the user names of ACCOUNTHOLDERS involved in violation of system security to system administrators at other sites, in order to assist them in resolving security incidents. ONSITE ACCESS will also fully cooperate with law enforcement authorizes in investigating suspected lawbreakers. E. SYSTEM RESOURCES ONSITE ACCESS will allocate system resources to provide all ACCOUNTHOLDERS with the best service possible. As part of resource allocation, ONSITE ACCESS may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and the number of sessions. Additionally, ONSITE ACCESS may institute services and fees for ACCOUNTHOLDERS who are interested in accessing system resources above and beyond acceptable usage. ONSITE ACCESS may log instances of abuse of system resources, including but not limited to those outlined below, and take action as outlined in Section II.A. above. System abuse is defined as any use of ONSITE ACCESS resources which disrupts the normal use of system or Internet services for others. Examples of system abuse include, but are not limited to attempting to disrupt the sessions of other Internet users, consuming excessive amounts of time, memory or disk space bandwidth or otherwise affecting the performance of ONSITE ACCESS servers or networks. III. Acceptable Usage Acceptable usage is hereby defined as the normal activities associated with the usage of the Internet, including but not limited to usage of ONSITE ACCESS' systems and network facilities for accessing the WWW, IRC, Usenet News, E-Mail, and other Internet features. Shell users may be permitted to use their own software, subject to ONSITE ACCESS' discretion, provided such software does not use excessive system resources or in any way compromise system integrity and does not fall under any of the prohibited activities listed within this document. This policy is subject to any and all laws and regulations set forth by the Federal, State or any other governmental authority. IV. Prohibited Activities Activities specifically prohibited by ONSITE ACCESS administration include but are not limited to the following: Flooding or abuse of other users Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly at ONSITE ACCESS. Flooding takes place in numerous ways, including but not limited to ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods. Attempts to compromise system and/or network security Programs such as packet sniffers, password crack programs, and similar utilities found to be running from a user's account are prohibited. This also includes attempts to hack into non-ONSITE ACCESS systems. Sharing of accounts Sharing of a user's account with another party for purposes of avoiding payment for a second account is strictly prohibited. E-mail Abuse E-mail abuse typically comes in one of three forms, the transfer of a message to unsolicited individuals, the sending of harassing and/or threatening messages to other users, and the forging of e-mail addresses so as to make the e-mail appear to be from another user. Usenet order News Abuse Similar to e-mail abuse, includes forging of addresses, harassment/threats, URL spam and excessive multi-posting (spamming), as well as the posting of information in groups where it is not relevant and unwanted. Pyramid/Money-Making schemes Such activities as the transfer of information or solicitation of persons via the Internet in in attempt to extort money or other valuables or the use of pyramid/chain letters are all prohibited. Pirated Software Pirated software is defined as the illegal exchange of software via the Internet for purposes of avoiding the purchase of said software by the individuals involved. This includes most commercial applications such as Adobe Photoshop, Illustrator, etc. Such activities are prohibited by Federal law and are thus not allowed in any form on ONSITE ACCESS. Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software. The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited. V. Penalties for Abuse All prohibited activities are subject to immediate termination of a user's account and any and all criminal and civil penalties available under the law. The penalties imposed on a user for abuse will vary based on the level of the offense. Typically the user will receive a warning on the first offense. However, if the offense is severe enough, ONSITE ACCESS reserves the right to disable the account immediately. Accounts which have been disabled by administration for abuse will not be re-opened for a user. It is vital for ONSITE ACCESS to provide a quality service for all users, and ONSITE ACCESS will not tolerate users who through their actions hinder us in that endeavor. It is also important for ONSITE ACCESS to have a non- intrusive presence to the rest of the net, and thus prohibited activities which adversely affect users on other service providers and their associated networks. To this end, ONSITE ACCESS reserves the right to modify and/or disable user service at any such time abuse occurs. ONSITE ACCESS will not reimburse users whose service was suspended or disabled due to any of the reasons listed above. All ONSITE ACCESS Internet Users agree to indemnify and hold ONSITE ACCESS, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates harmless from any and all claims and expenses related to the User's violation of this Agreement, including any abusive or unlawful behavior on the part of the User or the User's dependents, or the infringement of any intellectual property or privacy right of any person or entity. VI. Additional Policies Due to the explosive growth of the Internet and the constant addition of new services and thus the new possibilities of abuse, ONSITE ACCESS reserves the right to add and enforce new policies. VII. Limitation of Liability ONSITE ACCESS' liability under any circumstances is limited to the current month's service charge. VIII. Warranties THE ONSITE ACCESS INTERNET SERVICE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO ONSITE ACCESS INTERNET OR ANY INFORMATION OR SOFTARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ONSITE ACCESS INTERNET SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE ONSITE ACCESS INTERNET. NOR SHALL ONSITE ACCESS INTERET BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELALYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ONSITE ACCESS INTERNET'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ONSITE ACCESS INTERNET RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL ONSITE ACCESS INTERENT'S TOTAL LIABLITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THE AGREEMENT.