Sparkplug, Inc. Acceptable Use Policy

THIS ACCEPTABLE USE POLICY IS PART OF A BINDING CONTRACT BETWEEN SPARKPLUG, INC. AND YOU. PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY. IN CONSIDERATION OF THE OTHER TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN SPARKPLUG, INC. AND YOU, SPARKPLUG, INC. AND YOU AGREE AS FOLLOWS:

Sparkplug, Inc. and its affiliates (collectively, “Sparkplug”) have designed its Acceptable Use Policy (“AUP”) to enhance the use of our fixed broadband services (the “Service”) and related equipment by our subscribers and their end users (collectively, “you”) by setting standards for acceptable use and preventing unacceptable use. This AUP forms part of the agreement between Sparkplug and you; terms used in this AUP are used as defined in the Terms of Services Agreement located at www.sparkplug.net. All users of the Service must comply with this AUP.

1. Acceptable Use.
Our goal is for everyone who visits the Sparkplug Web site or uses our Service to have an enjoyable experience every time. To assure this, we reserve the right, but are not obligated, to suspend or terminate your access to the Sparkplug Web site and/or your use of the Service, or take other appropriate action, at any time, if your conduct or behavior on the Sparkplug Web site or while using our Service involves or causes any of the following:

Improper Use of the Service: You may not use the Service in a manner prohibited by any federal, state, or local law or regulation. Without limiting the foregoing, you may not use the Service for any abusive purpose, in any way that damages Sparkplug’s property, or in any way that interferes with or disrupts our network or adversely affects other Sparkplug subscribers. You may not attempt to circumvent user authentication or security of any host, network, network element, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of other networks. You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with any server or a user’s session, by any means, locally or via the Internet.

Utilization of Network Resources: The abuse of Sparkplug’s network resources by one subscriber may have a negative impact on all other subscribers. Accordingly, you may not use the Service or take any action that may weaken network performance, as determined in Sparkplug’s sole discretion. In the event that Sparkplug detects abuse of Sparkplug’s network resources by you, Sparkplug may restrict your access to Sparkplug’s network, or terminate your Service.

Content Harmful or Offensive to Third-Parties: Do not upload, download, post, distribute, publish, transmit or otherwise disclose ("Disclose") Content that is unlawful, libelous, defamatory, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, hateful or otherwise harmful or offensive to third parties.

Unlawful Content: Do not Disclose any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

Impersonation: Do not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or interfere with other users of our Service. You may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.

Deceptive Content or Spam: Do not Disclose any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial e-mail or "spam", or offering or disseminating fraudulent goods, services, schemes or promotions.

Unapproved Promotions or Advertising of Goods or Services: Without our prior written permission, do not Disclose any unsolicited promotions of goods or services, commercial solicitation or any advertising, promotional materials or any other solicitation of other users for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.

Off Topic Content: You should use your best judgment when Disclosing Content to any newsgroup. Many groups have charters, published guidelines, FAQS, or “community standards” describing what is and is not considered appropriate. You must abide by such guidelines. Do not Disclose any Content that is off-topic according to the description of a group or list or send unsolicited mass emailings to 10 people or more if such Content could reasonably be expected to provoke complaints from its recipients.

Content Harmful to Other Systems: Do not Disclose harmful Content, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines, that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Hosting Services: Do not use your Equipment to host services that may be harmful to, interfere with, or degrade the performance of the Service or the experience of other users of the Service.

Use of Your Account by Others: You may not, through action or inaction, allow others to use the Service for illegal or improper activities. You may not permit your network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner.

Reselling: You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without Sparkplug’s prior written consent.

Intercept Other Communications: Do not use your Equipment to spoof, serve as an unauthorized access point, or otherwise surreptitiously intercept or expropriate personal information, data, or other communications from other users of our Service.

2. Security Precautions.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.

3. Minors.
Certain Content accessible through the Service may be objectionable, offensive, inappropriate or harmful to minors. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that is harmful to minors. These protections are available over the Internet. Sparkplug does not represent or warrant that any protective measures will perform correctly or that any harmful, offensive, or otherwise objectionable material will be blocked.

4. Monitoring; Filtering.
Sparkplug has no obligation, but reserves the right, to monitor the Service, review or record any Content accessible through the Service or posted to the Sparkplug Web site, or collect and store Content related to your use of the Service to the extent permitted by applicable law. Our Privacy Policy describes the circumstances under which we disclose or release information, records or communications. In order to comply with applicable law, Sparkplug may filter Content from the Service. Sparkplug takes no responsibility for the filtering of any Content that may be accessible through the Service in any manner or for any purpose whatsoever.

5. Transaction Information.
We may access, use and divulge transaction information about your use of the Sparkplug Web site, our Service, and any Content Disclosed by you to the Sparkplug Web site or through the Service, in order to comply with the law (e.g., a lawful subpoena); to enforce or apply our Terms of Services Agreement; to initiate, render, bill, and collect for our Service; to protect our rights or property, or to protect users of our Service from fraudulent, abusive, or unlawful use of, or subscription to our Service.

6. Violations of AUP.
In the event that you violate this AUP, Sparkplug may restrict your access to Sparkplug’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or immediately suspend or terminate your Service. In the event of such termination, all applicable termination charges will apply. You should read this AUP in conjunction with our Terms of Services Agreement and our other policies and guidelines which are set forth on our Web site. Sparkplug has the right but not the obligation to restrict any uses of the Service that Sparkplug believes in its sole discretion violate this AUP, any part of the Terms of Services Agreement, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and are responsible for abuse of your account by others.

7. Reports of Unauthorized Use.
Sparkplug requests that any person who becomes aware of a violation of this AUP report the information to Sparkplug at care@sparkplug.net. If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. Sparkplug may take any one or more of the following actions in response to a report: issue a warning; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.

8. Modifications.
Sparkplug reserves the right to revise, amend, or modify this AUP or any other policy or guideline at any time, and any such revisions will be effective upon posting on Sparkplug’s Web site. Your continued use of the Service after such notice will constitute your acceptance of the modifications to this AUP. IT IS YOUR RESPONSIBILITY TO CHECK THIS WEB SITE REGULARLY, AS ALL OR ANY PART OF THIS AUP MAY CHANGE WITHOUT NOTICE.

Last Updated: March 5, 2008