Acceptable Use Policy
Revised October, 2006

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Acceptance

This Agreement, Service Order(s), and Acceptable Use Policy together supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

Wilkes Communications, Inc. (WCI) and its affiliates have formulated this Acceptable Use Policy in order to encourage the responsible use of WCI’s services by our customers and other users ("Users"), and to enable us to provide our Users with secure, reliable and productive services.

WCI QuikLink™ Broadband is a best efforts service. The actual speed experienced by customers is based on DSL sync rate and may vary and depends on several factors including customer location, destination on the Internet, traffic on the Internet, interference with high frequency spectrum on the customer's telephone line, etc. Wireless connections are subject to varying speeds based on factors such as: proximity to the wireless gateway, or interference from other devices. No minimum level of speed is guaranteed.

General Conduct

The WCI network, including the websites operated by WCI (collectively, the "WCI Network"), may be used only for lawful purposes. Users may not knowingly or unknowingly use the WCI Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, (c) that is obscene, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component. Users may not engage in ANY activity that adversely affects the service of other WCI customers. This service is for Internet access and is limited to connections to our network that consists solely of PCs or laptops. If connections to the WCI network are established via servers, such a connection must be disclosed to WCI before doing so and if the company finds that a server is connected to the network and is causing trouble on the network or to the service of other users, then that customer will be shut off and possibly required to purchase a dedicated Internet connection. WCI MAY MODIFY, DISCONTINUE OR REVISE ANY OR ALL ASPECTS OF THE SERVICE IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE.

E-Mail

Users may not knowingly or unknowingly send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam") in a way that could be reasonably expected to adversely impact the WCI Network, including, without limitation, using an e-mail account on WCI’s network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the WCI Network. In addition, Users may not knowingly or unknowingly use the WCI Network in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mail bombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data.

Usenet

Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not knowingly or unknowingly (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “Usenet spam”), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

System and Network Security

Users are prohibited from knowingly or unknowingly violating or attempting to violate the security of the WCI Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability. WCI will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Suspension or Termination

Any User which WCI determines, in its sole discretion, to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at WCI’s discretion to a temporary suspension of service pending such User's agreement in writing to refrain from any further violations; provided, however, that if WCI deems it necessary, in its sole discretion, it may immediately limit, suspend or terminate such User's service without issuing such a warning. Users which WCI determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice and WCI may take such further action as WCI solely determines to be appropriate under the circumstances to eliminate or preclude such violation, and WCI shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from WCI’s exercise of its rights under these policies.

Responsibility

WCI does not monitor the WCI Network at all times, but reserves the right to do so. WCI takes no responsibility for any material input by others and not posted to the WCI Network by WCI. WCI is not responsible for the content of any other websites linked to the WCI Network; links are provided as Internet navigation tools only.

Privacy

Any User interacting with our site and providing WCI with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits WCI to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. All information concerning users of WCI shall be kept private.
WCI reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion. Changes and modifications will be effective when posted and any use of the WCI Network after the posting of any changes will be considered acceptance of those changes.