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Exhibit B: ACCEPTABLE USE POLICY
As an extension to the Terms and Conditions Agreement, paragraph 3, this Exhibit B, Acceptable Use Policy applies to the Agreement between Customer and Provider for Service. Paragraph 3 (a) states:
3) (a) Customer agrees to abide by the anti-spam ("Acceptable Use Policy") in Exhibit B, in effect by Provider. Provider will make every reasonable and good-faith effort to supply a spam-free Service to Customer. Customer guarantees that addresses are collected via opt-in methods, and are solicited by the addressee. Provider requires that a double opt-in mechanism is used to ensure compliance with this requirement, and shall make available such mechanism to Customer. Violation of the anti-spam policy is grounds for immediate termination of this agreement with Customer, and will not result in the refund of any funds that have already been paid, except that Customer will be entitled to the refund of any fees which have been paid in advance with respect to the remainder of the term of this Agreement provided Customer is not otherwise in breach of this Agreement.
In support of this Paragraph 3 (a), the following are conditions of use of Service.
(A) The Service provided by Provider shall be used only for lawful purposes. Materials and/or transmissions in violation of any local, state or Federal regulation(s) are prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, or material protected by trade secret. Provider exercises no control whatsoever over the content, quality or accuracy of the information passing through Service.
(B) Customer agrees to refrain from mass postings of the same message to many mailing lists (referred to as "spamming"). Customer agrees to refrain from mass, unsolicited E-mailings, and agrees to pay a $0.75 surcharge per unsolicited E-mail. Sending unsolicited E-mail advertisements is unprofessional and violates the intent of US Code, Title 47, Chapter 5, Subchapter II, which prohibits unsolicited fax advertisements. By US Code Title 47, Sec.227(a)(2)(B), a computer, modem, or printer meets the definition of a telephone fax machine. By Sec.227(b) (1)(C), it is unlawful to send any unsolicited advertisement to such equipment. By Sec.227(b)(3)(C), a violation of the aforementioned Section is punishable by action to recover actual monetary loss, or $500, whichever is greater, for each violation. Broadcast Fax and Junk E-mail is also illegal under United States Public Law 103-414 Section 303(a)(11), it is unlawful "to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement."
(C) Customer agrees to post advertisements only where appropriate, in areas that specifically encourage or allow advertising. Customer agrees to respect the conventions of opt-in Internet mailing lists and networks to which they are posting, including rules more restrictive than, but not limited to, the ones contained in the Agreement or the Exhibits A or B.
You may NOT use Provider's Service to:
1. Send unsolicited bulk email, whether it be commercial or non-commercial. Unsolicited bulk email is defined as email sent to individuals without their permission.
2. Send email with an invalid "From:" or "Reply-to:" address. All messages posted to your list must contain valid email addresses and you must be responsive to all replies from members of your list, including unsubscribe requests. You may not refuse or ignore unsubscribe requests from members of your list.
3. Harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity, as determined by Provider.
4. Post or transmit sexually explicit images or other content that is deemed by Provider to be offensive.
5. Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party, as determined by Provider.
6. Impersonate any person, including but not limited to, an official of Provider or an information provider, or communicate under a false name or a name that you are not entitled or authorized to use.
7. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law.
Subscribing:
You will use a "double opt-in" (signup plus confirmation) subscription method for all new list members, as provided in Paragraph 3 (b) of the Agreement. Provider will make available a mechanism for Customer to use to comply with this requirement. If you import unconfirmed (single opt-in) members directly into your list, be advised that you do so at your own risk, and that, in case of complaints of spamming, Provider reserves the rights to terminate the Agreement pursuant to Paragraph 12 ("Termination").
Unsubscribing:
All list messages must include unsubscribe instructions so members can unsubscribe themselves from the list.
List owners should respond to member requests for manual removal from the list with courtesy and timeliness. Please do not discard personal email messages you receive asking to be removed from your list. Even if the user request for removal is aggressive, unfriendly or otherwise rude, you should nonetheless make every attempt to help the user get off your list and to diffuse the situation.
Violation:
In the event you violate these rules, Provider may, in its sole discretion, remove your list from its server and terminate your right to Service, any provision of Agreement or Exhibit A notwithstanding. List owners should be aware that they are responsible for the behavior of their list members.
Agreed to and signed by both parties on _______________________.
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Customer: |
Provider: |
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______________________________________ |
Fat City Network Services |
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7157 Park Village Road |
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______________________________________ |
San Diego, California 92129-4536 |
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______________________________________
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_______________________________(signed) |
______________________________________ |
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_______________________________(written) |
Bruce A. Bergman, President |
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