Acceptable Use Policy

(effective date April 2, 2002)

As a provider of Internet access, web site hosting, and other Internet-related services, GMP Services, Inc. offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. GMP Services, Inc. respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, GMP Services, Inc. reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, GMP Services, Inc. has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing GMP Services, Inc.'s services. This AUP will be revised from time to time. A customer's use of GMP Services, Inc.'s services after changes to the AUP are posted on GMP Services, Inc.'s web site, www.GMPServicesInc.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

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 the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that GMP Services, Inc. cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber 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 is sexually explicit or otherwise offensive. Because GMP Services, Inc. cannot monitor or censor the Internet, and will not attempt to do so, GMP Services, Inc. cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that GMP Services, Inc. does not review, edit, censor, or take responsibility for any information its subscribers 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 they create is carried over GMP Services, Inc.'s network and may reach a large number of people, including both subscribers and nonsubscribers of GMP Services, Inc., subscribers' postings to the Internet may affect other subscribers and may harm GMP Services, Inc.'s goodwill, business reputation, and operations. For these reasons, subscribers violate GMP Services, Inc. policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward GMP Services, Inc., but also because it can overload GMP Services, Inc.'s network and disrupt service to GMP Services, Inc. subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, GMP Services, Inc. has the discretion to determine from all of the evidence whether the email recipients were from an "*confirmed opt-in" email list. On topic posts to Usenet newsgroups that provide helpful information do not constitute a violation of our acceptable use policy. Bulk postings to off-topic groups however is a violation of our AUP.
**The use of 3rd party mail servers, bulk mail programs, relays or Usenet News to promote commercial sites hosted by GMP Services, Inc. is a violation of GMP Services, Inc.'s Acceptable Use Policy, your hosting can be terminated immediately upon notification that a hosting client is spamming via a third party to promote websites or domains hosted by GMP Services, Inc. (**amended 5/15/2002). There is a $350.00 clean-up fee for any client found spamming.
*
A confirmed opt-in is where someone subscribes to a list or newsletter and they are sent a confirmation email that they have to reply to in order to be added to the list or newsletter. This prevents other people from subscribing other persons to a list or newsletter without their permission.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. GMP Services, Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also GMP Services, Inc.'s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using GMP Services, Inc.'s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. GMP Services, Inc. is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through GMP Services, Inc.'s network.

Defamatory or Abusive Language -- Using GMP Services, Inc.'s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software. Selling or making available bulk mail software or other software deemed to be Spamware (examples of Spamware: Bulkemailer software, email address harvesting software, etc.)

Other Activities -- Engaging in activities, whether lawful or unlawful, that GMP Services, Inc. determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

Storage -- Hosting clients may not store files over 5 megabytes in size unless a previous agreement has been made between client and GMP Services, Inc. Hosting. You may store files over 5 megabytes in size provided that the general public does not have access to the files via FTP, Web Browser or other publicly accessible internet protocol.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. GMP Services, Inc. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with GMP Services, Inc. policy or applicable law. When GMP Services, Inc. becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

GMP Services, Inc. also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching GMP Services, Inc.'s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. GMP Services, Inc. does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. GMP Services, Inc. has the right to directly take action against a customer of a subscriber. Also, GMP Services, Inc. may take action against the GMP Services, Inc. subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, GMP Services, Inc. anticipates that subscribers who offer Internet services will cooperate with GMP Services, Inc. in any corrective or preventive action that GMP Services, Inc. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of GMP Services, Inc. policy.

GMP Services, Inc. also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, GMP Services, Inc. urges its subscribers to assume that all of their on-line communications are insecure. GMP Services, Inc. cannot take any responsibility for the security of information transmitted over GMP Services, Inc.'s facilities.

GMP Services, Inc. will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. GMP Services, Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, GMP Services, Inc. may disclose information, including but not limited to, information concerning a subscriber, 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. GMP Services, Inc. assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, GMP Services, Inc. may disclose subscriber information or information transmitted over its network where necessary to protect GMP Services, Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.

GMP Services, Inc. expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate GMP Services, Inc. policy. Finally, GMP Services, Inc. wishes to emphasize that in signing the service agreement, subscribers indemnify GMP Services, Inc. for any violation of the service agreement, law, or GMP Services, Inc. policy, that results in loss to GMP Services, Inc. or the bringing of any claim against GMP Services, Inc. by any third-party. This means that if GMP Services, Inc. is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against GMP Services, Inc., plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including GMP Services, Inc. and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be addressed using the contact form on our contact page
.

(FORM AUP04032003 - amended 4/3/2003)




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