Acceptable Use & Terms of Service

I. Purpose

The purpose of this policy is to outline the acceptable use of hosting, dedicated server, colocation, voice and networking services with Atlantic Metro Communications (herein "AMC"). These rules are in place to protect AMC and its customers. Inappropriate use exposes AMC to risks including compromise of network systems and services and legal issues. All services provided by AMC are to be used for lawful purposes only.

II. Unacceptable Use

The following activities are, in general, prohibited. Under no circumstances is the customer authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing AMC-owned resources, including but not limited to AMC's servers, customer's colocated servers while residing in AMC's facility and on AMC's network.

AMC will be the sole arbiter as to what constitutes unacceptable use. If in doubt, please contact AMC before proceeding.

The following activities are strictly prohibited, with no exceptions:

A. Copyrighted Materials and Content:

• Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the customer.
• Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which the customer or the end user does not have an active license is strictly prohibited.
• Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is strictly prohibited.

B. System and Network Activities:

• Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).
• Revealing your account password to others or allowing use of your account by others that are not a direct member of your company. This includes family and other household members when work is being done at home.
• Using a AMC computing asset to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws in the user's local jurisdiction.
• Making fraudulent offers of products, items, or services originating from any AMC's server or network.
• Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the customer is not an intended recipient or logging into a server or account that the customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
• Port scanning or security scanning is expressly prohibited unless prior notification to AMC is made and accepted.
• Executing any form of network monitoring which will intercept data not intended for the customer's account/host.
• Circumventing user authentication or security of any host, network or account.
• Interfering with or denying service to any user other than the customer's account/host (for example, denial of service attack).
• Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet.
• Running any IRC related scripts or programs, including but not limited to irc daemons (linked or unlinked), irc bots, bnc relays.
• Running any process / daemon / service in the background on AMC's shared server without prior approval.
• On AMC's shared server, running CGI or server-side scripts or programs, intentionally or otherwise using excessive amount of system resources or causing degradation of server performance. Any such process will be terminated without prior warning or notice. AMC will be the sole arbiter of what constitutes excessive use of system resources and degraded server performance.
• Accessing system files or files that do not belong to the customer.

C. Email and Communications Activities:

• Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam).
• Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages.
• Unauthorized use, or forging, of email header information.
• Solicitation of email for any other email address, other than that of the poster's account, with the intent to harass or to collect replies.
• Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type.
• Use of unsolicited email originating from within AMC's networks or other Internet service providers on behalf of, or to advertise, any service hosted by AMC or connected via AMC's network.
• Posting the same or similar non-business-related messages to large numbers of Usenet newsgroups (newsgroup spam).

III. Enforcement

AMC reserves the right to suspend or terminate without warning or notice, the account and services to any customer found to have violated this policy. The penalties imposed on a user for abuse will vary based on the level of the offense. Under no circumstances will AMC issue a refund to anyone terminated in violation of these terms of service.

IV. Additional Policies

AMC reserves the right to make adjustments to this document without warning or notice. It is the users responsibility to stay current with this policy.

AMC reserves the right to refuse, suspend or cancel service, at our sole discretion.

In the event that the customer has an invoice 21 days past due, the account will be suspended. In the event of suspension, full payment of all outstanding invoices and a two hundred ($200 USD) dollar reinstatement fee will be required to reinstate the account. All suspended accounts will be terminated and placed into collections if not reinstated within 21 days of the original service deactivation date. AMC reserves the right to charge interest at the rate of 5% per delinquent billing period for delinquent accounts. If an account is delinquent, AMC maintains the right to place a lien on Customer equipment in any AMC facility, or AMC owned equipment in the customer premise.

In the event that an account was placed into collections, the entire balance plus reinstatement fees must be paid prior to account re-activation.

All returned checks are subject to $75 fee.

AMC does not offer month to month services, any services that are not canceled 30 days prior to their anniversary date, shall renew in accordance with the original contract term, unless otherwise stated on the "Service Order".

AMC requires notice of service cancellation via postal mail to the AMC corporate offices at least 30 days prior to the intended cancellation date.

For accounts utilizing bandwidth, any accounts with an unspecified/negotiated rate will be billed at the rate of $0.50 per gigabyte transferred, or $153 per megabit-per-second if billed via 95th percentile.

AMC, by default, is not responsible for providing any backups of web site content or data. Please maintain your content and data off-site.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Atlantic Metro Communications cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Atlantic Metro cannot monitor or censor the Internet, and will not attempt to do so, Atlantic Metro cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.