NETWORK ABUSE POLICY

This document sets forth High Mountain's ("High Mountain") Network Abuse Policy ("Policy") and supersedes any other written or oral policy. High Mountain may modify this Policy from time to time as reasonably required. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Any activity or conduct that violates law, regulations or the accepted norms of the Internet community or may harm High Mountain's facilities, reputation, goodwill or customer relations, whether or not expressly mentioned in this Policy, is strictly prohibited. High Mountain reserves the right at all times to revise its Network Abuse Policy and to take appropriate steps to address violations of that Policy as outlined in Section VII herein.

I.       SYSTEM AND NETWORK SECURITY

It is High Mountain's goal to: (1) protect network resources, (2) preserve the privacy and security of High Mountains' networks, (3) preserve the privacy and security of High Mountain's customers' networks, and (4) maximize the utility of High Mountain and the Internet.

1. Customers may not: (i) tamper with other customer accounts, (ii) commit unauthorized intrusion into any part of High Mountain's network or systems; or (iii) use any of High Mountain's machines, files, accounts, or systems to intrude without authorization into any other network.
2. Customer may not use High Mountain services not included in Customer's account, nor circumvent security (or assist others to circumvent security) in order to access services for which the person accessing those services has not entered into a binding agreement with High Mountain. This includes, but is not limited to, the scanning of High Mountain's or other networks with intent to breach and/or evaluate security.
3. Customer may not use High Mountain's network or systems in a manner that encumbers disk space, processors or other system resources beyond those allowed by Customer's specific type of account. Customers may not make deliberate attempts to interfere with a service, overload a service, or attempt to disable a host.
4. The use or attempted use of Internet services or systems without authorization is strictly prohibited. This includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.). Additionally, Customers may not use programs, scripts, commands, or otherwise send messages with the intent to interfere with a Customer's terminal session.

II.     UNLAWFUL, HARMFUL OR OFFENSIVE COMMUNICATIONS

It is a violation of this policy for Customer knowingly to use the facilities or services of High Mountain, including any of High Mountain's Internet access, web site hosting and web site design services, to create, transmit, post or otherwise make available through the Internet any material that is unlawful, abusive or harmful to High Mountain's facilities, customers, goodwill or reputation. Communications prohibited by this Policy include, but are not limited to materials that infringe copyright, trademark or other intellectual property; obscenity, indecency, or child pornography; and defamatory communications. Although it is not High Mountain's policy to monitor, censor or edit information made available through the use of its facilities, High Mountain reserves the right to take appropriate action, as described in Section VI herein, when it becomes aware of transmissions, postings or other communications that violate this Policy.

III.  E-MAIL

1. Customer may not send unsolicited, commercial e-mail to any other customer account that has not specifically requested such information or that causes complaints from the recipients of such unsolicited e-mail. High Mountain services may not be used to send unsolicited advertising messages to other network Customers. Customer may not flood/spam newsgroups with commercial or non-commercial postings.
2. Customers may not continue to send commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication. Any use of High Mountain property for the composition, distribution, or collection of bulk e-mail, abusive e-mail, or any form of unsolicited, commercial e-mail is strictly prohibited.
3. High Mountain prohibits the transmission of e-mail to non-consenting recipients that is harassing, libelous, defamatory, threatening, abusive or hateful.
4. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited.
5. "Mail-bombing" (i.e. flooding a Customer site with large or numerous e-mail messages) is strictly prohibited.
6. Customers may not forge header information.
7. High Mountain prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider.
8. This Policy also applies to other means of Internet-based transmissions, including without limitation to Internet fax or Internet phone.

IV.   USENET

1. High Mountain may provide Customers with uncensored newsfeed. High Mountain does not control newsgroup content nor is High Mountain responsible for postings by High Mountain's Customers.
2. It is the responsibility of those persons who post messages to determine a newsgroup's etiquette. Customers that submit content to newsgroups should refrain from posting advertisements or other messages that are not expressly permitted by a newsgroup's charter or Frequently Asked Questions. Message posters are expected to submit messages relevant to the newsgroup's topic and agree not to submit the same message to large numbers of forums or newsgroups.
3. Customers are prohibited from forging header information and from posting chain letters of any type.
4. Customers may only post binary files to newsgroups designed for that purpose.
5. Customers may not cancel or supersede a posting of a message other than their own unless they serve as newsgroup moderators in the performance of their on-line responsibilities.
6. High Mountain prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any other provider that violate the rules of this Policy or those of the originating provider.

V.     INTERNET RELAY CHAT (IRC)

While High Mountain does maintain an IRC server, Customers also may use their Internet connection to access the server of another provider. In either case, Customers are obligated to abide by the rules set forth by the applicable provider and to follow proper IRC etiquette.

VI.   DIAL-UP

Customer agrees to use dial-up accounts solely on an active "dial-up" basis, i.e. only as needed and in no way on a standby or inactive basis in order to maintain a connection. Without limitation of the foregoing, Customer and its Users shall abide by the following provisions regarding usage

1. A dial-up account may be used for World Wide Web browsing, reading or posting to Usenet newsgroups, sending, receiving and reading electronic mail and transferring files via the file transfer protocol.
2. A dial-up account shall not be used to host a dedicated server site on the Internet.
3. A dial-up account shall not be accessed simultaneously by multiple Customers using the same User Name.
4. A dial-up account has only one mailbox for incoming electronic mail unless additional mailboxes have been purchased.
5. Automated processes may not be used such as checking e-mail or pinging the host to maintain a constant connection.

VII.ENFORCEMENT

High Mountain's procedure is to deal with each net abuse case on an individual basis. Based on an investigation and a determination of the nature and severity of the abuse, High Mountain may take immediate action, without prior notice, against any party or parties found in violation of this policy. Such action may include, but is not limited to, blocking of access to particular websites, newsgroups or other material found to violate the Network Abuse Policy, or termination of Customer's service with High Mountain.

Customer agrees that it will take appropriate action against persons who obtain Internet access or other Internet based services from Customer and who violate High Mountain's Network Abuse Policy. Customer further agrees that it will cooperate fully with High Mountain in any actions taken by High Mountain to enforce this Network Abuse Policy.