General Conduct - The Diversicom network and/or its services must be used in a manner that is consistent with the intended purpose of the Diversicom network and/or its services and may be used only for lawful purposes. Users shall not use the Diversicom network and/or its services in order to transmit, distribute or store material: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that may expose Diversicom to criminal or civil liability. Users are further prohibited from assisting any other person in violating any part of this Policy.

Responsibility for Content - Diversicom takes no responsibility for any material created or accessible on or through the Diversicom network and/or its services. Diversicom is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Diversicom becomes aware that any such material may violate this Policy and/or expose Diversicom to civil or criminal liability, Diversicom reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. Diversicom 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 Diversicom deems responsible for the wrongdoing.

Inappropriate Content - Users shall not use the Diversicom network and/or its services to transmit, distribute or store material that is inappropriate, as reasonably determined by Diversicom, or material that is indecent, obscene, pornographic (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Intellectual Property - Material accessible through the Diversicom network and/or its 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 Diversicom network and/or its services in any manner that would infringe, violate, dilute or misappropriate any such rights. If you use a domain name in connection with any of the Diversicom network and/or its services, you must not use that domain name in violation of the trademark, service mark, or similar rights of any third party.

Harmful Content - Users shall not use the Diversicom network and/or its services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Diversicom network and/or its services, any other network and/or its services or equipment, or other Users.

Fraudulent/Misleading Content - Users shall not use the Diversicom network and/or its 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.

Unsolicited Messages - Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"), including, without limitation, actions such as using an e-mail account on Diversicom's network and/or its services to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the Diversicom network and/or its services. In addition, Users may not use the Diversicom network and/or its services in order to (a) send e-mail messages which are excessive 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 malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. An e-mail message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relationship; or (3) who has requested that the sender not send them any further messages.

Third Party Rules; Usenet - Users may have access through the Diversicom network and/or its 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. Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet spam"), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

System and network and/or its services Security - Users are prohibited from violating or attempting to violate the security of the Diversicom network and/or its services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) impersonating Diversicom personnel, (c) attempting to probe, scan or test the vulnerability of a system or network and/or its services or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network and/or its services, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another User's account name or persona without authorization from that User. Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Diversicom services. Violations of system or network and/or its services security may result in civil or criminal liability. Diversicom will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Suspension and Termination of Service - Any User which Diversicom determines to have violated any element of this Acceptable Use Policy may be subject to a suspension or termination of service, and if Diversicom deems it necessary, immediate suspension or termination of such User's service in accordance with the Customer�s Master Service Agreement. Diversicom may take such further action as Diversicom determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Diversicom shall 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 Diversicom's exercise of its rights under this Acceptable Use Policy.

Diversicom reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when posted to Diversicom�s Web site or provided to the Customer directly.