1. INTRODUCTION The intent of DSLExtreme's Acceptable Use Policy (AUP) is improving the use of the DSLExtreme services by proactively preventing unacceptable use.  All DSLExtreme's customers and customers of DSLExtreme's customers or any downstream customers including visitors of customers using DSLExtreme services must comply with this AUP.
 
In consideration of providing Internet connection services, DSLExtreme shall charge to the customers a periodic fee as stated in this agreement. The periodic fee shall be subject to change upon thirty days written notice. As a user of DSLExtreme, you agree that you are at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of DSLExtreme. It is understood that information on the Internet may be unedited, uncensored, and offensive to you. You access such information at your own risk. DSLExtreme does not censor or exercise editorial control over content on the Internet including any web sites, email, news groups, or anything that can be accessed through our services.  We do reserve the right to remove anything that in our sole discretion violates this AUP, is illegal or may subject DSLExtreme to potential liability.  DSL Extreme may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violating any terms listed in this AUP may result in suspension or termination or your account without notice. DSLExtreme reserves the right to refuse service to anyone.

2. VIOLATIONS OF DSLEXTREME'S ACCEPTABLE USE POLICY The following are violations or DSLExtreme's AUP:   

Illegal Use: As a user of DSLExtreme, you agree not to use the service in a manner that violates any local, state or federal law.
Harm to others: Using the services to harm others, including but not limited to minors.
Threats & Harassment:  You agree not to use the Internet for abusive, profane, libelous, slanderous, threatening or otherwise harassing posts.
Fraudulent Activity: Using the service to make or participate in fraudulent activity including financial scams.
Unsolicited Broadcast Email and Unsolicited Commercial Email (SPAM): Please see Section 3 of this AUP.
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers in news postings in order to avoid spam email address collectors is allowed.
Copyright or Trademark Infringement: Using the service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other propriety rights of a third party.
Collection of personal data: Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Usenet: DSLExtreme customers should follow the terms of the Acceptable Use Policy provided by our third party news provider and are subject to all terms and conditions.
Unauthorized access: Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DSLExtreme's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
Long & Multiple Connections: As a dial-up user (modem access), you are licensed to a single account for one connection at any given time, unless you pay for multiple connections. As a user, you understand that the unlimited access Internet account is not intended to be a dedicated line. Dedicated modems or unmonitored modems connected on a continuous basis are not allowed and will result in the cancellation of your account.
Reselling the services: Reselling the Services without DSLExtreme's authorization.
Network disruptions and unfriendly activity: Using the Services for any activity which adversely affects the ability of other people or systems to use DSLExtreme's services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the customer's responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
Hosted & Personal Websites:  Web space may be provided for personal and business customers at DSLExtreme. Content of those sites must conform to local, state and federal ordinances. DSLExtreme reserves the right to remove content that is pornographic, deemed to be offensive, or violates trademark or copyright laws, at its sole discretion. DSLExtreme does not provide training or technical support for Web site development.

3. UNSOLICITED BROADCAST EMAIL AND UNSOLICITED COMMERCIAL EMAIL (SPAM) DSLExtreme has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial Email (UBE/UCE), commonly known as Spam�, whether originating from customers, from customers' customers, or from customers that provide services which are used to support spam. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to spam, is prohibited.

What does DSLExtreme consider spam:
DSLExtreme defines spam as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spamming, website addresses, sales, and auctions.

DSLExtreme's customers, and customers of DSLExtreme's customers or any downstream customers, are prohibited from sending and shall not allow their connection to DSLExtreme to be used for sending spam. DSLExtreme customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. DSLExtreme's customers will be held responsible for all traffic either sent via their connection to DSLExtreme or sent elsewhere using Internet services provided via their connection to DSLExtreme. "Internet services" includes hosting websites, electronic mailboxes, telephony gateways, IRC servers, sale of spamming software or other similar services.

Reporting of spam activity and possible repercussions:
DSLExtreme may block traffic to and from the IP address involved in the spam complaint (i.e. suspend the account) until DSLExtreme is convinced that the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. If DSLExtreme receives repeat complaints indicating that a problem has not been resolved, DSLExtreme may suspend or cancel the offenders account, at their sole discretion.  DSLExtreme may charge customer and customer shall pay $1000.00 per valid spam complaint of which DSLExtreme is notified.

DSLExtreme also reserves the right to block traffic to and from the IP address (es) involved in hacking, and/or port scanning or other malicious activity.

In addition, from time to time, DSLExtreme blocks third party IP addresses that DSLExtreme believes are used for the distribution of spam or are designated as open relays. Any blocking of such IP addresses shall prevent DSLExtreme customers from sending or receiving traffic to and from such IP addresses.

DSLExtreme also reserves the right to cancel an account of a known or alleged spammer without any notice at their sole discretion.

Receipt of Spam

DSLExtreme does not accept unsolicited commercial email as defined by California Business and Professions Code Section 17538.45.  DSLExtreme defines "spam mail" as any email addressed to a person with whom the sender does not have a prior relationship with, sent without the express consent of the recipient.  California has several laws regarding spam email that apply not only to DSLExtreme members, but also to anyone using DSLExtreme to deliver mail. (including delivering mail to a DSLExtreme address) One of these laws provides for a $50/spam up to a $25,000 penalty/day for spamming, defining spam in the following manner: "It is addressed to a recipient with whom the initiator does not have an existing business or personal relationship" and "It is not sent at the request of or with the express consent of the recipient." These laws may be found at http://www.spamlaws.com/state/ca1.html  We reserve the right to press charges under the appropriate laws in addition to the charges we impose upon a user who has violated this acceptable use policy.

4.   TECHNICAL SUPPORT DSLExtreme assumes that the user has a basic understanding of their computer. DSLExtreme will not train users in basic computer skills such as, but not limited to deleting files or creating directories. Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive a dial tone or network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines.

5.   BILLING DSLExtreme offers a 30 day money-back guarantee for dial-up (modem access) and web hosting accounts. There is no money back guarantee for any other services unless specifically written in a special one time promotion. There are no pro-rated refunds for unused time beyond 30 days. Accounts that are more than 1 (one) day delinquent in payment may be suspended until payment has been received. Your account is not "monitored" for inactivity and we do not assume that you wish to cancel if you have not used your account. Customer is responsible for any disputed charges beyond 60 days from the date of the charge. All accounts suspended for non-payment are subject to a $10.00 re-activation fee.  Any accounts who go into collections status will be transferred to a collections agency and incur a $25.00 processing fee.

6.   CANCELLATIONS It is the customer's responsibility to cancel an account with a written notice to the Customer Service Department at DSLExtreme. Customers who wish to cancel their account must give a 30 day notice before canceling. The Customer Service Department can be reached by fax at 818-902-5568, or by sending an email to  our cancellation department.  You can send the email using our contact form and select cancellations by going to:  http://www.dslextreme.com/contact/email.htm.  A specific reason for cancellation and the specific date that it will take place should be listed in the written notice. Once you have canceled the account, you are responsible for monitoring any charges that occur. You are responsible for any usage fees up to thirty days after your cancellation request is received.  Early termination fees will be applied to accounts in a contract that break their contract due to cancellation.
 
7.  CHOICE OF LAW You and DSLExtreme agree that the law of the State of California, U.S.A. will apply to all matters relating to this Agreement and to DSLExtreme, Inc. In addition, you and DSLExtreme agree and consent that the courts of Los Angeles County, California, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder. Customers agrees to defend, indemnify and hold harmless DSLExtreme, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney's fees, arising out of or relating to member's use of DSLExtreme's service. Customers have no property rights in the e-mail and web page addresses supplied by DSLExtreme, and understand that this agreement is assignable by DSLExtreme. If any part of this agreement is unacceptable to you, you must immediately terminate your membership with DSLExtreme. This agreement shall automatically renew on the stated periodic basis unless terminated by either party giving the other thirty days written notice.

8. PORT FILTERING A port 25 (outgoing mail) filter is applied to all customers to prevent against spam generated from our network. Customers with a static IP address connection who wish to have the filter removed in order to run a mail server may do so by registering at: https://secure.dslextreme.com/reg_server By registering your mail server with DSL Extreme, you are agreeing to the terms and conditions listed at http://www.dslextreme.com/aup.htm . In addition, we will periodically scan port 25 over your DSL line to make sure your mail server is not an open relay. If we find an open relay on your mail server, the port 25 filter will be reinstated and you will be notified by the contact email address entered above. DSLExtreme reserves the right to block any port without prior notice to protect the network and the end users from potential virus attacks spreading over a certain port.

9.  REPORTING VIOLATIONS OF DSLEXTREME'S AUP DSLExtreme requests that anyone who believes that there is a violation of this AUP direct the information to our abuse department, at: [email protected]

If available, please provide the following information:

The IP address used to commit the alleged violation Evidence of the alleged violation.
Spam email should be forwarded as attachments to ensure that all header information is included. DSLExtreme will take action to ensure that complaints are addresses in an appropriate manner which may include:

Suspension of the offenders account
Cancellation of the offenders account
Suspension of specific services including but not limited to mail, newsgroup, personal web space usage, port blocking and Internet connectivity.

10.  REVISIONS TO THIS AUP  DSLExtreme reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet