Acceptable Use Policies

1. Introduction The goal of Hotspeed Internet is to provide the best service possible for an enjoyable Internet experience. This Acceptable Use Policy ("AUP" or "Policy") is designed to keep Hotspeed Internet and the Internet enjoyable and useful for all of our subscribers. Violation of this Policy may result in suspension or cancellation of Hotspeed Internet services. Hotspeed Internet is committed to and supports the free exchange of information and ideas over the Internet. Hotspeed Internet does not actively monitor nor does Hotspeed Internet exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Hotspeed Internet servers. However, Hotspeed Internet reserves sole discretionary rights to remove any materials deemed potentially illegal, harmful to Hotspeed Internet business operations or equipment, or in violation of any part of this AUP or of the standard Hotspeed Internet Internet access Agreement. Use of Hotspeed Internet's servers immediately constitutes acceptance and acknowledgement of this Acceptable Use Policy. 2. Warranties/Disclaimers Hotspeed Internet Internet service is provided on an "as is, as available" basis. No warranties, express or impliedluding, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Hotspeed Internet or any information or software therein. You release Hotspeed Internet from and Hotspeed Internet shall have no liability or responsibility for any direct, indirectidental or consequential damages suffered by you in connection with your use of or inability to use Hotspeed Internet 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 Hotspeed Internet's own negligence. Without limiting the generality of the foregoing, Hotspeed Internet 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 Hotspeed Internet services. In no event shall Hotspeed Internet aggregate liability exceed the amount paid by you to Hotspeed Internet for the Hotspeed Internet services. Use of any information obtained via Hotspeed Internet Internet service is at the user's own risk. Hotspeed Internet specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. 3. Trademarks & Copyrights Client warrants that it has the right to use the applicable trademarks, if any, and grants Hotspeed Internet the right to use such trademarks in connection with Hotspeed Internet's service. 4. Etiquette and Policy a. The network resources of Hotspeed Internet may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Hotspeed Internet All messages via Hotspeed Internet should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use Hotspeed Internet's server for mass e-mail or "spamming" purposes. b. Hotspeed Internet may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its customers to the extent necessary to ensure compliance. c. Hotspeed Internet may discontinue servicing any Plan, or may require fulfillment of terms or conditions Hotspeed Internet may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and Hotspeed Internet agrees to provide Customer with reasonable notice by Email and fax of any such intent to discontinue or impose certain conditions. d. Hotspeed Internet's services may not be used for illegal purposes, or in support of illegal activities. Hotspeed Internet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to: (i). Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software. (ii). Threatening bodily harm or property damage to individuals or groups. (iii). Making fraudulent offers of products, items, or services originating from your account. (iv). Attempting to access the accounts of others or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data. (v). Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address. (vi). Forging any message header, in part or whole, of any electronic transmission, originating or passing through Hotspeed Internet services. (vii). Distributing viruses to or from Hotspeed Internet systems. 5. Limited Liability a. Client expressly agrees that use of Hotspeed Internet's Server is at Client's sole risk. Neither Hotspeed Internet, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that Hotspeed Internet's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the Hotspeed Internet Server service, unless otherwise expressly stated in this Agreement. b. Under no circumstancesluding negligence, shall Hotspeed Internet, its offices, agents or any one else involved in creating, or distributing Hotspeed Internet's Server service be liable for any direct, indirectidental, special or consequential damages that result from the use of or inability to use the Hotspeed Internet Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Hotspeed Internet's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Hotspeed Internet's Server service. 6. Hotspeed Internet's Right to Change Service Hotspeed Internet reserves to right to change without notice the Hotspeed Internet serviceluding, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. 7. Hotspeed Internet's Right to Modify its Acceptable Use Policies Hotspeed Internet may modify its Acceptable Use Policies upon notice published online via Hotspeed Internet. Customer's use of Hotspeed Internet services after such notice shall constitute Customer's acceptance of the modifications to these policies. 8. Indemnification Client agrees that it shall defend, indemnify, save and hold Hotspeed Internet harmless from any demands, liabilities, losses, costs and claimsluding reasonable attorneys' fees, ("Liabilities") asserted against Hotspeed Internet, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Hotspeed Internet against Liabilities arising out of a. any injury to person or property caused by any products sold or otherwise distributed in connection with Hotspeed Internet's Server; b. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; c. copyright infringement and d. any defective product which Client sold on Hotspeed Internet Server.

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