Service Level
Agreement

ACCEPTABLE USE POLICY

  1. MDC, Inc. ("NetWay") and its affiliates provide Internet-related data services to users of NetWay ("Customer") through various modem and point to point connections.
  2. The purpose of this agreement between NetWay and the customer is to insure proper use of NetWay and its affiliates as well as provide the customer and customer's intended users with high quality, legally appropriate service XXXXXX.
  3. NetWay reserves the right, at its sole discretion, with or without notice, to suspend or terminate service provided to any Customer if the Customer or any person using the Customer's services or facilities under contract with Customer, directly or indirectly:
    • Violates the rules, regulations and policies applicable to any network, server, computer database, web site or newsgroup that such person accesses;
    • Sends unsolicited bulk mail messages to any other person;
    • Mail-bombs (i.e. sends mass amounts of e-mail or other data to) a person or system, with the purpose or effect of impeding the functionality of, or disabling the recipient system;
    • Posts ten (10) or more messages similar in content to newsgroups (including Usenet), forums, e-mail mailing lists or other similar groups or lists without prior permission;
    • Posts articles on any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list which are not in accordance to the charter or other owner-published FAQ or description of the group or list;
    • Uses services in a manner which constitutes a violation of any federal, state, local or international law, regulation, treaty or tariff (including without limitation civil and criminal law, state common law and administrative or judicial rulings);
    • Uses services in a manner which is intended to abuse or to violate the privacy or property rights of others;
    • Uses services to attempt to break security, or in fact, to break security of any computer network, or to access an account which does not belong to the user;
    • Forges e-mail headers, or employs any other methods in connection with the transmission of e-mail used to disguise any user name or the source or quantity of transmissions;
    • Without authority, relays e-mail through any third-party systems.
  4. Customer must immediately notify NetWay of any unauthorized use of an account, and/or any breach, or attempted breach, of security known to Customer.
  5. NetWay services may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited. This includes but is not limited to copyrighted material, material legally judged to be threatening or obscene, or materials protected by trade secret.
  6. NetWay cooperates fully with federal and state enforcement officials investigating unlawful behavior on NetWay's system, and Customers are required to do the same.
  7. NetWay may elect, at its sole discretion, to monitor any or all of the traffic routed through NetWay's system. NetWay reserves the right to block e-mail communication, including, but not limited to, the right to block mass e-mail solicitations as it violates paragraph 3d. or this agreement.
  8. Nothing contained in this policy shall be construed to limit NetWay's actions or remedies in any way with respect to any of the foregoing activities, and NetWay reserves the right to take any and all additional actions it deems appropriate and necessary with respect to such activities, including but not limited to taking action to recover the costs and expenses of identifying offenders; and removing the offender's account from NetWay as well as levying cancellation charges covering NetWay's costs in the event of termination for the causes outlined above. In addition, NetWay reserves all rights and remedies available to it with respect to such activities at law or in equity.