Digital West Networks, Inc. Acceptable Use Policy

Digital West Networks, Inc.'s Acceptable Use Policy (the "Policy") for DWNI IP Products and Services is designed to help protect DWNI, DWNI's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by DWNI. DWNI reserves the right to modify the Policy at any time, effective upon posting at http://www.digitalwest.net/AUP.html.

Prohibited Uses of DWNI's Systems, Products and Services

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail SPAM"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. It also includes posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting). DWNI accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. See more detailed policies for bulk email

3. Unauthorized use, or forging, of mail header information (e.g. "spoofing") A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User's identity in connection with use of the Service is prohibited..

4. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

5. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

6. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any DWNI customers or end-users by any means or device.

7. Knowingly engage in any activities that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any DWNI customers or end-users whether on the DWNI network or on another provider's network.

8. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send e-mail spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.

9. Using DWNI's Services to interfere with the use of the DWNI network by other customers or authorized users.

Each DWNI IP customer is responsible for the activities of its customer base/representatives or end-users and, by accepting service from DWNI, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a DWNI IP customer will be forwarded to the DWNI IP customer's postmaster for action. If violations of the DWNI Acceptable Use Policy occur, DWNI IP customer's Services reserves the right to terminate services with or take action to stop the offending customer from violating DWNI's AUP as DWNI deems appropriate, without notice.

DWNI's Acceptable Use Policy for DWNI IP Services Effective 2/17/2005

Report Policy violations to abuse@digitalwest.net