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Acceptable Use Policy (AUP)

THIS ACCEPTABLE USE POLICY (AUP) SETS OUT ACCEPTABLE AND UNACCEPTABLE USES OF HYPERCONNECTION, INC.'S (HYPERCON) NETWORK SERVICES. READ THIS AUP CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS. THIS AUP INCORPORATES THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (TOS) BY REFERENCE. IF YOU DO NOT AGREE TO THIS AUP OR OUR TOS, YOU MAY NOT USE ANY OF THE NETWORK SERVICES AND YOU MUST TERMINATE YOUR ACCOUNT IMMEDIATELY IN ACCORDANCE WITH OUR TERMS OF SERVICE AGREEMENT (TOS)

1. Scope of this AUP & Your Agreement

The purpose of this AUP is to protect and maintain the integrity of our network while maximizing the benefits and services available to our users. While this AUP is intended to delineate specific acceptable and non-acceptable uses of our network it is not all inclusive. We reserve the right to determine the acceptability of any use not specifically addressed in this AUP. You affirm and agree that you will not use any of our services in a manner that violates the letter or spirit of this AUP. If you are unsure whether a particular action violates this AUP, please contact a Hypercon representative.

2. Prohibited or Unlawful Activity

Any activity that is prohibited by any applicable local, state, federal, or international law or regulation shall constitute a violation of this AUP.

3. Infringement

Any activity that may or does constitute an infringement on another's copyright, trademark, tradename, tradedress, patent or other intellectual property shall constitute a violation of this AUP.

4. Spamming Prohibited

Spamming of any type is a violation of this AUP. Spamming includes but is not limited to the sending of unsolicited bulk and/or commercial messages over the Internet using our network (whether by email, newsgroup posting or otherwise including assisting others through the use of our network) or collecting responses from such messages. We reserve the right to determine in our sole discretion whether any message or posting constitutes a violation of this provision.

5. Privacy Policies & Unauthorized Data Collection

Gathering information including e-mail addresses about other users or visitors to our network without their consent is a violation of this AUP. All web sites residing on our network which collect any data in any manner must include a posted privacy policy stating with specificity the type of data collected and the uses of same.

6. Dial up Connections

Maintaining a dial up connection by artificial means for the purpose of keeping the connection open while unattended, routing any dial up connection to more than one computer, operating a server of any type using a dial up connection for access to our network or connecting by dial up multiple times simultaneously with the same account without paying for concurrent service is a violation of this AUP. A dial up connection has "unlimited" accesses in regards to an account being able connect as often as deemed necessary, however, maintaining a connection for longer than twenty-four (24) consecutive hours is considered abusive and a violation of this AUP.

7. Dial Up Hosting

As a convenience and added benefit to our dial up customers we provide web site storage and hosting on a limited basis with our dial up account. Upload of large files, whether intended for storage or subsequent download, are prohibited by this AUP. We reserve the right to limit the consumption of bandwidth by any site for any reason. These provisions govern only hosting services provided in conjunction with our dial up accounts. See our Hosting AUP for more information.

8. Resale Prohibited

Resale of any service we offer or access to our network in any manner without our prior written authorization is a violation of this AUP.

9. Compliance with Upstream Provider Policies

In addition to this AUP, you are subject to the provisions of any AUP or other applicable policy of UUNET/Worldcom. See http://www.uunet.com for more information.

10. Unauthorized Network Access and Network Abuse

Access to any part of our network not directly available through the provided account mechanisms constitutes unauthorized network access and is a violation of this AUP. Unauthorized access includes but is not limited to attempts to bypass or circumvent any firewall or restricted gateway or other protected access point for which the user is not authorized for such access. Any activity that would or could affect the operation, stability or integrity of our network including but not limited to the implementation or assistance in denial of service attacks, insertion of viruses, trojan horses or other malicious code constitutes network abuse and is a violation of this AUP.

11. Right to Suspend or Terminate Services; Limitation of Liability

We reserve the right to suspend or terminate, at our sole discretion, access to any service for violations of any provision of this AUP. You agree that if your service is terminated for any reason, we have the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. In the event of such suspension or termination, you agree that our liability is limited to the then existing price for one month of dial up service.

12. Governing Law, Jurisdiction and Venue

This AUP shall be governed exclusively by the laws of the State of Texas. You consent to personal jurisdiction in the State of Texas and agree that venue for all purposes shall be exclusively in Harris County, Texas.

13. Changes to this AUP

We reserve the right to change or modify any term or provision of this AUP at any time by posting such change or modification to our web site.

14. NOT RESPONSIBLE FOR TOLL, LONG DISTANCE OR OTHER CHARGES

We are not responsible for any toll,long distance or other charges you may incur when dialing in to our services. Because phone services may vary, we cannot verify that any given dial up number you may select for access to our services is a local call for you. It is up to you to verify with your phone service provider the charges, if any, associated with any given dial up number.

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