Acceptable Use Policy

Introduction:
The main purpose of GCI Online! Services (referred to as "the Service") is to facilitate communication with the numerous computer networks that make up what is commonly referred to as "the Internet." It is GCI's intention to allow the Service users complete access to everything the Internet has to offer with minimal or no interference.

Although the Internet as a whole offers much independence and autonomy for those who use it, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as GCI, to be blocked from use of another organization's systems due to repeated misuses of that system's resources. Because GCI runs multi-user systems, actions of one customer may have a severe impact on other customers' ability to use the system(s). This is unfair to all users.

To this end, we have developed these Acceptable Use Policies. They are intended to provide a guide to GCI's views on what constitutes inappropriate use of the Service's access to the Internet and to inform our Customers of what actions may be taken, with or without notice, in the event that GCI becomes aware of inappropriate use of the Service. They will be used to help system administrators deal with complaints from users of the Service or other Internet-connected systems, and to determine when action must be taken. It is expected that all Customers will follow the policies set forth herein. Protection of GCI's technical resources and GCI's ability to continue to provide high quality service to its customers, compliance with existing laws and regulations, and the protection of GCI's reputation as a service provider are all contributing factors to the policies outlined below.

ACCESS TO THE GCI ONLINE SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers:
GCI 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 GCI or any information or software therein. You release GCI from and GCI 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 GCI 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 GCI's own negligence. Without limiting the generality of the foregoing, GCI 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 GCI services. In no event shall GCI's aggregate liability exceed the amount paid by you to GCI for the GCI services. Use of any information obtained via GCI's Internet service is at the user's own risk. GCI 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. GCI 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. GCI is not liable for any usage and or charges prior to GCI making the necessary account alteration. Electronic mail on this system is as private as we can make it. GCI'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:
GCI is not responsible for Customer's personal files residing on GCI Online!. Customer is responsible for independent backup of Customer's data that is stored on the Service. GCI reserves the right to delete Customer's personal files after one or both parties terminates the service agreement between GCI and Customer.

4. Non-Transferability of Account:
The right to use GCI's Internet service is not transferable. Use of GCI 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 GCI (i.e., Class C address space) are the property of GCI and are considered to be loaned to its customers. In the event service with GCI is discontinued for any reason, such addresses will revert to GCI.

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 GCI'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 GCI. Customer shall defend, indemnify and hold harmless GCI from and against any claims, liabilities and expenses, including attorneys fees, resulting from Customer's use of the GCI service or Customer's account in an unlawful manner or otherwise in violation of or contrary to Customer's Agreement with GCI or GCI's Acceptable Use Policies. At GCI's discretion, GCI may revoke Customer's access to GCI services or accounts for inappropriate usage.

7. Unacceptable Conduct:
The following types of conduct are grounds for immediate suspension of service pending investigation by GCI and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, GCI reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a GCI 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).

(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 GCI and using an account on GCI as a mail drop for responses, or to draw attention to a web site housed within GCI's networks.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by GCI.

(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 GCI, whether on IRC servers controlled by GCI 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 GCI's systems or network connections or which adversely affect the ability of other people or systems to use GCI 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 GCI system;

     2) any use of this or any other GCI system as a staging ground to disable other systems

8. Right to Disconnect Non-Dedicated Accounts:
GCI 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. GCI 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:
GCI 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 GCI 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 GCI to adversely affect GCI'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 GCI's Internet service must comply with the rules for that other network as well as with GCI's rules.

11. Monitoring/Privacy:
GCI reserves the right to monitor any and all communications through or with GCI facilities. Customer agrees that GCI 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 GCI employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. GCI also reserves the right to access a Customer's mailbox or other files stored on GCI systems to resolve system problems or mail system errors.

12. Cooperation with Authorities:
GCI 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:
GCI 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 GCI's judgment as to the validity of any court order of subpoena shall be considered proper and final.

14. GCI's Right to Suspend or Cancel Account:
GCI 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 GCI that the Customer may be performing activities harmful to GCI or its Customers, employees, vendors, business relationships or any other users of the Internet.

15. Right to Damages:
GCI reserves the right to collect damages (software, hardware and man hours) if any harm is done to GCI which requires repair or reconfiguration of any kind.

16. Other Remedies/Non-Waiver:
Nothing contained in these policies shall be construed to limit action GCI may take or remedies available to GCI in any way with respect to any of the described conduct. GCI reserves the right to take any additional actions GCI 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 GCI service, and levying cancellation charges to cover GCI's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, GCI reserves at all times all rights and remedies available to GCI 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 GCI reserves the right to enforce such policy or rule at its sole discretion.

17. GCI's Right to Change Service:
GCI reserves to right to change without notice the GCI service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

18. GCI's Right to Modify its Acceptable Use Policies:
GCI may modify its Acceptable Use Policies upon notice published online via the Service. Customer's use of GCI services after such notice shall constitute Customer's acceptance of the modifications to these policies.