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AUP / ACCEPTABLE USE

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1. Scope and Purpose East Coast Internet Corporation (hereafter referred to as "East Coast") provides services to view and use products, services, and other materials made available over the Internet (Content). By its nature, the Internet is designed to permit the expression of a wide variety of commercial and non-commercial messages, as well as purchase and use products, services, and other items. However, the Internet is not owned or controlled by any one entity. East Coast can not, and does not, monitor or control any Content, including its customer's Content. Use of the Internet, as a provider Content, or as a user of it, requires a high level of individual judgment. By accessing the Internet, you assume the risk that Content available through East Coast's services may be inaccurate, offensive, illegal or otherwise unsuitable to your individual tastes, and/or needs. East Coast can not, and will not, accept responsibility for injury that results from this Content, even if that Content may be legally actionable. To balance the often competing issues that the nature of the Internet creates, East Coast has created this Acceptable Use Policy (AUP). This AUP governs the use of the services provided by East Coast, its customers, visitors to East Coast's web sites, and visitors to customer's web sites (all such collectively referred to as "End Users"). It is a part of each customer's agreement with East Coast and is incorporated by this reference. While this AUP is designed to facilitate open and free use of the Internet, and balance issues presented by that use, East Coast may take actions based on this AUP that in its sole opinion are in its best business interests, regardless of whether the use itself is legal. In particular, East Coast encourages prospective customers to carefully review sections of this AUP covering E-Mail/SPAM, Intellectual Property Violations, and Security. A thorough review of those sections, and the entire AUP, may help avoid creating issues under it that will cause East Coast to take action, up to, and including, termination of a customer's account. Customers violate this AUP when they or End Users engage in activities prohibited by it. It is a customer's responsibility and contractual obligation to ensure that End Users comply with this AUP. East Coast expects that customers will cooperate with it in the enforcement and administration of this AUP. A customer's failure to do so is a violation of their contract. 2. Conduct 2.1 Lawful Use East Coast's services may be used for lawful purposes only. Customers and End Users may not use East Coast's services to directly facilitate the violation of any particular law or regulation. Use of East Coast's services is governed by the laws of the United States, regardless of our physical location or that of the Customer or End User. 2.2 Other Acceptable Use Policies When using East Coast to connect to other systems, Customers and/or End Users must respect any acceptable use policies, terms of service, terms and conditions or similar restrictions placed on their use by the owners of those systems. Services we provide may be subject to other acceptable use policies. We will provide these acceptable use polices to you on request. 3. Accountability Any use of Customer's account, server, or any other service provided by East Coast will be considered use by the individual or entity set out in East Coast's records as the owner, or principal contact. This individual or entity will be held responsible for all contractual obligations including violations of this AUP. The security of Customer's systems and account details are the responsibility of the customer. The primary contact is considered the owner or authorized user of all data using East Coast's services. East Coast recommends that Customers take steps to ensure that all use of their account and/or server is authorized. This includes restricting physical access to their computers and networks, logging their use, and ensuring that their account details (especially passwords) are stored securely. Connecting a computer to the Internet exposes it to millions of other computers. East Coast recommends that Customers ensure that their computer is secured against abuse from the Internet. All security related responsibilities are those of the Customer unless otherwise agreed upon in writing. Computers are configured to facilitate their operation in East Coast's network. This configuration may be less secure than others. Customers are encouraged to review security protocols and ensure that they have selected the security level fitting their needs. East Coast makes no warranties regarding the security of its network. The structure and nature of the Internet community changes often. Activities that may at one time have been considered to be acceptable to the general public, may, over time, become unacceptable. East Coast, Customers, and End Users do business in this unstable and unpredictable environment. East Coast will attempt to give Customers 30 days prior notice of a material change to this AUP. Such a notice will be posted at here in our Acceptable Use Policy. However, because of the nature of the Internet, East Coast reserves the right to change this AUP without notice. Continued use of East Coast's services constitutes acceptance of the most current version of the AUP. It is the responsibility of the customer to notify East Coast of any changes to their account or contact information. East Coast has no responsibility for communications that are misdirected as a result of Customer's failure to provide East Coast with updated contact information. 4. Contacting East Coast regarding violation of this AUP E-mail addresses used to contact East Coast are set out within this AUP. Please note, that East Coast has created special addresses for certain types of complaints. Complaints misdirected by aCustomer or End User may not be responded to. Complaints submitted to East Coast are not confidential and may be forwarded to East Coast's customer or law enforcement, without notice. East Coast does not recognize requests that complaints be kept confidential, and will not honor those requests. Complaints for which a particular e-mail or other contact address is not specified in this AUP, should be sent to abuse@East Coast.net. Complainants should include as much detail as possible. Relevant E-mails or Usenet postings (including all headers) and logs, together with references to charters, acceptable use policies and other supporting evidence should all be included when they are available. Some abuse complaints may not receive a reply depending on the volume of abuse complaints about that particular issue. East Coast recognizes that it is often expedient to request that East Coast take action related to a Customer or End User. However, East Coast is not always in the best position to take action. The fact that a particular activity is prohibited in this AUP does not obligate East Coast to take any specific action. 5. Intellectual Property Rights Customers warrant that their use of East Coast's services are authorized, and that they are the lawful owner, or licensee of Content, placed on, or accessed through those services. 5.1 Copyright Infringement East Coast is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). The DMCA contains very specific criteria setting out what an allegation of copyright infringement must contain. The criteria are available at http://www.copyright.gov/title17/92chap5.html#512. East Coast is not required to respond to notices that do not fall within these criteria. Please review them carefully. Under Federal Law, you may be subject to heavy civil penalties if you misrepresent your copyright interest in a DMCA complaint. East Coast's designated agent for receipt of notices pursuant to the DMCA is: Landon Stewart East Coast Internet Corporation. Other Intellectual Property Infringement Customers, and End Users, may not engage in activity that infringes or misappropriates the intellectual property rights of others. This includes but is not limited to, trademarks, service marks, trade secrets, software piracy and patents. Complaints about such activity by Customers or End Users may be directed to abuse@East Coast.net. 6. Certain Content Restrictions East Coast does not knowingly host sites containing Child Pornography, Child Erotica or Bestiality. For the purposes of this AUP, East Coast does not distinguish between Child Pornography, and Child Erotica, and both are collectively referred to as Child Pornography. Customers and End Users are prohibited from using East Coast's services to disseminate or access Child Pornography and Bestiality. East Coast is required by law to report the use of its services to disseminate or display Child Pornography and Bestiality. East Coast actively cooperates with law enforcement in their efforts to prosecute violations of U.S. statutes restricting Child Pornography and Bestiality, and will do so without informing Customers or End Users. Child Pornography and/or Bestiality complaints may be directed to abuse@East Coast.net. Further information about child pornography may be found at www.ncmec.org 7. U.S. Export and Import Laws Customers and End Users may not use East Coast's services to engage in a violation of U.S. export and import control laws. Violation of these laws may include selling products that may be legal to sell in the U.S., but illegal to export; or legal to sell in one country, and illegal to sell in the U.S. Customers may not use East Coast's services to provide services to End Users with whom U.S. citizens may not do business. More information about U.S. export laws may be found at http://www.export.gov/exportcontrols.html 8. Privacy Customers and End Users should not assume that any information in East Coast's possession is confidential or will not be disclosed. Customers and End Users should not assume that they will receive notice of subpoenas and requests for information related to their accounts. Please refer to East Coast's privacy policy. 9. IP Addresses East Coast owns IP numbers and addresses assigned to customers. East Coast may, in its sole discretion, change these numbers. These numbers may not be transferred to another provider. 10. Subpoenas and Other Requests for Information Law enforcement agencies who seek information about East Coast's customers, and/or their use of East Coast's services, are required to submit a subpoena, or other similar document, pursuant to which East Coast is required by law to produce this information (Subpoena). Unless specifically required by law and so clearly communicated to East Coast, the Subpoena will be transmitted to East Coast's Customer. Civil demands for information, such as discovery requests and similar demands (Civil Demands), must be part of a filed and pending litigation matter. Responses to Civil Demands are at East Coast's discretion. Responses are subject to a response fee of $250 per hour. East Coast does not honor requests from civil litigants to limit or to pre-approve response expenses. Civil litigants are encouraged to contact East Coast prior to serving Civil Demands in order to minimize their expense. Address for Subpoenas and Civil Demands: East Coast Internet Corporation. Security 11.1 Unauthorized Access Under no circumstances may East Coast's systems be used to gain access or deny access to a system or attempt to gain or attempt to deny access to a system without the permission of the system's owners (or rightful users). 11.2 Denial of Service (DoS) A Denial of Service (DoS) attack is designed to disproportionately consume the resources of a system in order to reduce its ability to serve its function. Under no circumstances may East Coast's systems be used in DoS attacks. 11.3. Prohibition of Abnormal, Damaging Traffic Abnormal traffic shapes may cause determental effects to other users and/or the network, and, in extreme cases, may have DoS attack like effects. 11.3.1. Maximum pps Ratio Customers must ensure that their packets per second (pps) ratio is below 1 packet/second per each 1000 bits/second (i.e. 1 pps per 1 Kb/s). Any higher pps to bandwidth ratios will result in immediate service termination with no grounds for reinstatement. Furthermore, Customer will be liable for a minimum fine of $500 per hour that the pps ratio is exceeded, or greater based on the scope of the effect on other users and/or the network. 11.4 Probes and Scans 11.4.1 Definitions Probe A probe is a connection made to a computer in order to determine if it has a security vulnerability (for example, testing a mail relay to see if it allows third party relay). This also includes un-authorized security testing of any system or network. Port-Scan A port scan is making multiple attempts to connect to a computer on different ports in order to determine the services it provides. Sweep A sweep is a series of attempts to connect to multiple network addresses in order to determine whether they are in-use, providing a specific service or to map a network's topology. Spoofing Spoofing is faking the details of a connection in order to make it appear to come from a different computer, organization or individual without their permission. 11.4.2 Prohibition of Probes, Port-Scans, Sweeps and Spoofing Probes, port-scans, sweeps and spoofing of systems without the express permission of the owners of those systems is prohibited, and may be reported to law enforcement agencies. East Coast reserves the right to use probes, port-scans, sweeps and spoofing on any system connected to the East Coast network in the course of performing security assessments and threat management. 11.4.3 Virus/Worm/Trojan Infections and Distribution Virus infections are the responsibility of the customer and must be rectified as soon as possible. East Coast reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification and disconnection. 12. E-Mail 12.1 E-mail/Spam Generally The Internet is a robust source for communication between individuals and entities. East Coast supports the use of E-mail for legitimate communications in a manner that is generally accepted. The use of E-mail for unsolicited bulk E-mails is not generally accepted. The use of East Coast's services to transmit this type of E-mail is specifically prohibited by this AUP. While differences of opinion may exist on what type of E-mail communication constitutes unsolicited bulk E-mail, or SPAM, East Coast's Customers and End Users are required to abide by the definitions and restrictions in this AUP, regardless of whether a particular type of E-mail communication is permissible by law or other regulation. 12.1.1 Definitions Bulk (or Broadcast) E-mail Bulk E-mail is sending of substantively similar E-mails to more than 20 E-mail addresses. Commercial E-mail Commercial E-mail is any E-mail message, the primary purpose of which, is the commercial advertisement or promotion of a commercial product or service, including Content on a web site, which is operated for a commercial purpose, or which has as its primary goal, a commercial purpose. 12.1.2 East Coast's services may not be used to send UBE and UCE (a.k.a. spam) East Coast's systems may not be used to send Unsolicited Bulk E-mails (UBE) or Unsolicited Commercial E-mails (UCE). Customers or others acting on their behalf may not send UBE or UCE promoting or advertising domain names, URIs or E-mail addresses hosted by East Coast. See RFC2635 for more information on spam. 12.1.3 Other Commercial Announcements Neither customers nor End Users may post any commercial advertisement on any public bulletin board system or web site unless it is expressly allowed on that system or web site. Complaints will be handled the in the same manner as UBE and UCE complaints. 12.1.4 Bulk Mailing Bulk Mailing Through East Coast.net East Coast's mail servers are the only servers designed to send Bulk E-mail using the mailing list system that may be part of the subscribers account. Sending Bulk (or Broadcast) E-mail through or from any East Coast.net owned server, that is not expressly designed to handle mailing lists, is strictly prohibited. This specifically includes but is not limited to East Coast.net web servers running any operating system or combination of server software. Violations of this policy may lead to sanctions permanently or temporarily inhibiting the ability to send any mail from those servers or total account termination at East Coast's sole discretion. 12.2 Mail Bombing Mail Bombing is sending more than 10 substantively similar E-mails to the same recipient in any 24-hour period. East Coast's systems may not be used to engage in Mail Bombing. 13. Usenet Usenet is a distributed hierarchy of publicly accessible forums primarily defined by RFC1036. 13.1 Usenet Spam 13.1.1 Definitions Cross-Posting Cross posting is posting a single Usenet message that is marked as appearing in multiple newsgroups. Multi-Posting Multi-posting is repeatedly posting identical or substantively similar messages. Multi-posting is considered bad because each copy of a multi-posting must be separately distributed across Usenet, whereas a cross-posted message need only be transferred once (even though it appears in multiple newsgroups). Briedbart Index In order to quantify how bad a multi-posted or cross-posted message is the Briedbart index is used. If during any 45 day period, a series of substantively similar messages are posted, the first cross-posted to n1 groups, the second to n2 groups, the third to n3 groups, etc. The Briedbart index of that series of postings is calculated as the sum of the square roots of n1, n2, n3, etc. Excessive Multi-Posting (EMP) Any series of substantively similar postings with a Briedbart index greater than 20 constitutes Excessive Multi-Posting (EMP). 13.1.2 Prohibition of EMP East Coast's systems may not be used for EMP. Customers or others acting on their behalf may not engage in EMP promoting or advertising domain names, URIs or E-mail addresses hosted by East Coast. 13.2 Off-Topic Posts 13.2.1 Definitions Charter Many newsgroups have charters which place restrictions on what messages may be posted to them. Charters can be searched for here: http://www.faqs.org/faqs/faqsearch.html. Off-topic Where a charter exists for a newsgroup, a message posted to it which violates that charter is off-topic. 13.2.2 Prohibition of Off-Topic Posts East Coast's systems may not be used to post off-topic messages. Customers or others acting on their behalf may not post off-topic messages promoting or advertising domain names, URIs or E-mail addresses hosted by us is also prohibited. 14. Prohibited Services & Protocols 14.1 IRC IRC related programs, including, but not limited to, clients, bots, and servers, may not be run using East Coast's services. No connections to IRC or IRC-like servers or hosts may be made from East Coast's services. 14.2 Multicast Customers may not make use of the multicast protocol unless they have a written and signed exemption to this rule from East Coast. Customers using the multicast protocol without prior written authorization will be billed up to $500 per hour that multicast is used. 14.3 Open Proxies Customers may not make use of proxy servers that are not protected by a username and/or password or restricted to specific IP addresses to make indirect network connections to other network services. This includes, but is not limited to, SOCKS proxies, Web proxies, Network address translation (NAT) proxies, Web-based proxy servers and open SMTP relays. 15. Consequences East Coast expressly reserves the right to suspend or terminate, without notice, all services for any customer who violates our terms and conditions. The sub-sections in this section are only presented as a guide to how complaints are normally handled. Complaints about any violation or unacceptable activity may lead to suspension or termination of any service or services offered by East Coast. No refunds are provided for services terminated because of any violations of this AUP. If practical, we will contact Customer (either by telephone or E-mail) before any action is taken. Where East Coast believes that that the violation was accidental or will not be repeated, East Coast may, at its discretion, choose to re-enable services. In these circumstances East Coast may also place restrictions or further conditions on Customer’s use of East Coast's systems, require a formal undertaking from them regarding their future conduct or require payment to cover costs incurred by East Coast in dealing with the abuse incident. In certain circumstances, East Coast may suspend a Customer's services in the interests of preventing further abuse while East Coast investigates. 15.1 Consequences of UBE and UCE Complaints UBE and UCE are a total violation of a customer's contract, and will be dealt with firmly by East Coast. Since it is true that complaints do come in about UBE or UCE and the complainant is actually a valid subscriber there is an allowance as follows: The responsibility lies on Customer to make sure their mailing lists are kept up to date and clean of all non-subscribers. Even responded to warnings under section 16.1.1 below will count against the total for subsequent sections following 16.1.1. 15.1.1 Two or More Complaints in One 24 Hour Period If UBE or UCE generates two or more complaints in one 24-hour period Customer will be notified of those complaints with copies of the reported E-mails. This one chance will be given to cease this activity, secure the system from relaying/abuse, or unsubscribe those who filed the complaints. 15.1.2 Five or More Complaints in Three Consecutive 24 Hour Periods If UBE or UCE generates five or more complaints in three 24-hour periods service will be suspended for ten days. Customer will be notified of those complaints with copies of the reported E-mails. It will be the responsibility of Customer to request reconnection when the ten day suspension period has expired. A reconnection fee, equivalent to the a normal account/service set-up fee, will apply. 15.1.3 Eight or More Complaints in Five Consecutive 24 Hour Periods If UBE or UCE generates eight or more complaints in five consecutive 24-hour periods the account will be terminated immediately. Notification will be sent after services are terminated. 15.1.4 Complaints Regarding Open Relays or Open Proxies If UBE or UCE complaints indicate an open relay or open proxy or East Coast discovers an open relay or open proxy through the course of business Customer will be notified after services are suspended. Restoration of service will require written acknowledgement of the reason for suspension and either: 1) An indication that the security issue will be remedied including how this will be achieved; or 2) Customer pays East Coast to remedy the security issue on the customer's behalf. 15.1.5 If Any Portion of Our Network is Blocked or 'Blacklisted' by a Third Party If any services consumed by a Customer, or End User, is found to be the cause for any part of East Coast's network being blocked or 'blacklisted' by any third party in any way, East Coast reserves the right to terminate some or all services offered by East Coast without notice. It is the responsibility of Customers to be sure they and their subscribers are not abusing our network and causing service problems for other Customers.

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