ACCEPTABLE USE POLICIES

Version 1097

1. Warranties/Disclaimers

Data Management Group, Inc. Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Data Management Group, Inc. or any information or software therein. You release Data Management Group, Inc. from and Data Management Group, Inc. shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Data Management Group, Inc. services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Data Management Group, Inc.'s own negligence. Without limiting the generality of the foregoing, Data Management Group, Inc. disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Data Management Group, Inc. services. In no event shall Data Management Group, Inc.'s aggregate liability exceed the amount paid by you to Data Management Group, Inc. for the Data Management Group, Inc. services. Use of any information obtained via Data Management Group, Inc.'s Internet service is at the user's own risk. Data Management Group, Inc. specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security

The Customer is responsible for all use of Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Data Management Group, Inc. will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Data Management Group, Inc. is not liable for any usage and or charges prior to Data Management Group, Inc. making the necessary account alteration. Electronic mail on this system is as private as we can make it. Data Management Group, Inc.'s Customers are reminded that no computer system can be considered as safe from intrusion. Email may pass through many computer systems, and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

Data Management Group, Inc. is not responsible for Customer's personal files residing on Data Management Group, Inc. equipment. Customer is responsible for independent backup of Customer's data that is stored on Data Management Group, Inc. equipment. Data Management Group, Inc. reserves the right to delete Customer 's personal files after one or both parties terminates the service agreement between Data Management Group, Inc. and Customer.

4. Non-Transferability of Account

The right to use Data Management Group, Inc.'s Internet service is not transferable. Use of Data Management Group, Inc. accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by Data Management Group, Inc. (i.e., Class C address space) are the property of Data Management Group, Inc. and are considered to be loaned to its customers. In the event service with Data Management Group, Inc. is discontinued for any reason, such addresses will revert to Data Management Group, Inc..

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on Data Management Group, Inc.'s service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening . Software intended to facilitate any such violations or infringements may not be stored on Data Management Group, Inc.. Customer shall defend, indemnify and hold harmless Data Management Group, Inc. from and against any claims, liabilities and expenses, including attorneys fees, resulting from Customer's use of the Data Management Group, Inc. service or Customer's account in an unlawful manner or otherwise in violation of or contrary to Customer's Agreement with Data Management Group, Inc. or Data Management Group, Inc.'s Acceptable Use Policies. At Data Management Group, Inc.'s discretion, Data Management Group, Inc. may revoke Customer's access to Data Management Group, Inc. services or accounts for inappropriate usage.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by Data Management Group, Inc. and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Data Management Group, Inc. reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Data Management Group, Inc. Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).

1. Usenet News Acceptable Use Policies

(b) Sending unsolicited mass emailings (i.e., to more than 25 users) which provoke complaints from the recipients.

(c) Engaging in either (a) or (b) from a provider other than Data Management Group, Inc. and using an account on Data Management Group, Inc. as a mail drop for responses, or to draw attention to a web site housed within Data Management Group, Inc.'s networks.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Data Management Group, Inc..

(e) Mail bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts.

(f) Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h) Use of IRC bots or clonebots on Data Management Group, Inc., whether on IRC servers controlled by Data Management Group, Inc. or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i) Network unfriendly activity: Attempts to interfere with the regular workings of Data Management Group, Inc.'s systems or network connections or which adversely affect the ability of other people or systems to use Data Management Group, Inc. services or the Internet, including, but not limited to:

1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other Data Management Group, Inc. system;

2. any use of this or any other Data Management Group, Inc. system as a staging ground to disable other systems.

(j) Spamming of your url to search engines or other indexes in an attempt to gain a more favorable position in the search engines and prompts a complaint from the administrators of the search engine and/or index.

8. Right to Disconnect Non-Dedicated Accounts

Data Management Group, Inc. unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 25 minutes of inactivity. Customer agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the Customer is actively using it, and not to provide public information services over the connection. Data Management Group, Inc. reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.

9. Excess Utilization of System or Network Resources

Data Management Group, Inc. account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Data Management Group, Inc. determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by email. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Data Management Group, Inc. to adversely affect Data Management Group, Inc.'s ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by email as soon as practicable.

10. Compliance with Rules of Other Networks

Any access to other networks connected to Data Management Group, Inc.'s Internet service must comply with the rules for that other network as well as with Data Management Group, Inc.'s rules.

11. Monitoring/Privacy

Data Management Group, Inc. reserves the right to monitor any and all communications through or with Data Management Group, Inc. facilities. Customer agrees that Data Management Group, Inc. is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Data Management Group, Inc. employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Data Management Group, Inc. also reserves the right to access a Customer's mailbox or other files stored on Data Management Group, Inc. systems to resolve system problems or mail system errors.

12. Cooperation with Authorities

Data Management Group, Inc. reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

13. Confidentiality of Personal Subscriber Information

Data Management Group, Inc. will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Data Management Group, Inc.'s judgment as to the validity of any court order of subpoena shall be considered proper and final.

14. Data Management Group, Inc.'s Right to Suspend or Cancel Account

Data Management Group, Inc. reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Data Management Group, Inc. that the Customer may be performing activities harmful to Data Management Group, Inc. or its Customers, employees, vendors, business relationships or any other users of the Internet.

15. Right to Damages

Data Management Group, Inc. reserves the right to collect damages (software, hardware and man hours) if any harm is done to Data Management Group, Inc. which requires repair or reconfiguration of any kind.

16. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action Data Management Group, Inc. may take or remedies available to Data Management Group, Inc. in any way with respect to any of the described conduct. Data Management Group, Inc. reserves the right to take any additional actions Data Management Group, Inc. may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Data Management Group, Inc. service, and levying cancellation charges to cover Data Management Group, Inc.'s costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Data Management Group, Inc. reserves at all times all rights and remedies available to Data Management Group, Inc. with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Data Management Group, Inc. reserves the right to enforce such policy or rule at its sole discretion.

17. Billing and Payments

Invoices for services are submitted monthly in advance. Customers will be billed via credit card or invoiced directly. Access to your account may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration dates. The Customer agrees to pay monthly invoices immediately upon receipt and until the account is cancelled by 30 day advanced written notification. Upon receipt in writing of an account cancellation any pre-paid months of service beyond the following billing period* will be refunded to the Customer and the Customers account will be closed at the end of the following billing period. Account charges will be processed once per month on a regular schedule. If the invoice remains unpaid for 15 days after the invoice date your service will be interrupted until payment has been received. A reconnect fee of $25.00 will also be required in order to continue service. Such interruption will not relieve the Customer from the obligation to pay monthly charges. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. If a Customer pays by check and that check is returned unpaid for any reason, the account will be immediately suspended in default and you will be subject to a returned check fee of $25.00. If you default on any payments due to Data Management Group, Inc., you agree to pay Data Management Group, Inc. all reasonable collection expenses, including but no limited to, attorneys and collection agency fees.
* If customer entered into a written term contract with Data Management Group, Inc. the terms of the contract will take precidence over the above refund policy.

18. Data Management Group, Inc.'s Right to Change Service

Data Management Group, Inc. reserves to right to change without notice the Data Management Group, Inc. service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

19. Data Management Group, Inc.'s Right to Modify its Acceptable Use Policies

Data Management Group, Inc. may modify its Acceptable Use Policies upon notice published online via Data Management Group, Inc.. Customer's use of Data Management Group, Inc. services after such notice shall constitute Customer's acceptance of the modifications to these policies.

20. Agent

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Questions should be directed to abuse@datamg.com