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Acceptable Use Policy As a provider of Internet-related services, Spectrum Enterprises offers its affiliates and their customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Spectrum Enterprises respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Spectrum Enterprises reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Spectrum Enterprises has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each affiliates' respective service agreement, and is intended as a guide to the affiliates' rights and obligations when using Spectrum Enterprises' services. This AUP will be revised from time to time. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When affiliates obtain information through the Internet, they must keep in mind that Spectrum Enterprises cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the affiliate must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Spectrum Enterprises cannot monitor or censor the Internet, and will not attempt to do so, Spectrum Enterprises cannot accept any responsibility for injury to its affiliates resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When affiliates disseminate information from the Internet, they must keep in mind that Spectrum Enterprises does not review, edit, censor or take responsibility for any information its affiliates may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Spectrum Enterprises' network and may reach a large number of people, including both affiliates and non-affiliates of Spectrum Enterprises, affiliates' postings to the Internet may affect other affiliates and may affect Spectrum Enterprises' goodwill, business, reputation or operations. For these reasons, affiliates violate Spectrum Enterprises policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities: Spamming: Audio/Video Streaming: Adult-Oriented Content: Obscene Speech or Materials: Defamatory or Abusive Language: Forging of Headers: Illegal or Unauthorized Access to Other Computers or Networks:
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Destructive Activities: Facilitation a Violation of this AUP: Export Control Violations: Usenet Groups: Other Illegal Activities: Other Activities: As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the affiliate. Spectrum Enterprises will not, as an ordinary practice, monitor the communications of its affiliates to ensure that they comply with Spectrum Enterprises' policy or applicable law. However, when Spectrum Enterprises becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Spectrum Enterprises. Spectrum Enterprises is also aware that many of its affiliates are themselves providers of Internet services, and that information reaching Spectrum Enterprises' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Spectrum Enterprises does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its affiliates. Spectrum Enterprises reserves the right to directly take action against a customer of its affiliates. Also, Spectrum Enterprises may take action against the Spectrum Enterprises' affiliate because of activities of a customer of the affiliate, even though the action may affect other customers of the affiliate. Similarly, Spectrum Enterprises anticipates that affiliates who offer Internet services will cooperate with Spectrum Enterprises in any corrective or preventive action that Spectrum Enterprises deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Spectrum Enterprises policy. Spectrum Enterprises will not intentionally monitor private electronic mail messages sent or receive by its affiliates, unless required to do so by law, governmental authority or when public safety is at stake. Spectrum Enterprises may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Spectrum Enterprises may disclose information, including, but not limited to, information concerning an affiliate, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Spectrum Enterprises assumes no obligation to inform the affiliate that affiliate information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Spectrum Enterprises may disclose affiliate information or information transmitted over its network where necessary to protect Spectrum Enterprises and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Spectrum Enterprises will never sell information to other services or outside companies. Spectrum Enterprises expects that its affiliates who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. An affiliates failure to comply with those laws will violate Spectrum Enterprises policy. Finally, if Spectrum Enterprises is sued because of a affiliates or customer of a affiliates activity, the affiliate will be responsible for payment of any damages awarded against Spectrum Enterprises, plus costs and reasonable attorney's fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including Spectrum Enterprises and its affiliates, as responsible members of the Internet. Any complaints about a affiliates violation of this AUP should be sent to admin@spectrum-enterprise.com
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