SIRUS™ ACCEPTABLE USE POLICY

1. INTRODUCTION
Sirus’ Acceptable Use Policy (“AUP”) is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Sirus’ Internet services (the “Services”)—those who access some of our Services but do not have accounts (“Visitors”) as well as those who pay a monthly service fee to subscribe to the Services (“Members”)—must comply with this AUP.

We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services, except for certain proprietary Web sites. However, in accordance with our Internet Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Sirus may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Services and/or your Sirus account or other actions as detailed in Section 3. This AUP should be read in conjunction with our Internet Service Agreement and other policies.

2. VIOLATIONS OF SIRUS' ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

a. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated thereunder.
b. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
e. Fraudulent activity. Using the Services to making fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
f. Forgery or impersonation. Adding, removing, or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers (“munging” headers) in news postings in order to avoid spam email address collectors is allowed.
g. Unsolicited commercial email/ Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
h. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Sirus’ or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
i. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Sirus is registered under the Digital Millenium Copyright Act of 1998.
j. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Reselling the services. Reselling the Services without Sirus’ authorization.
l. Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Sirus Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
m. News. Sirus Members should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Please familiarize yourself with basic USENET netiquette before posting to a newsgroup.
Sirus considers "multiposting" to 10 or more groups within a two-week sliding window to be excessive. Sirus servers currently limit the number of allowable "cross-posts" to 9.

Sirus Members may not cancel messages other than their own messages. A Member may cancel posts forged in that Member's name. We may cancel any postings which violate this AUP.

n. Long Connections and Multiple Logins. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is expressly prohibited. Accordingly, Sirus maintains the right to terminate any member’s connection following any extended period of inactivity as determined by Sirus.

Unlimited personal accounts are not a substitute for a full-time, dial-up connection. They are offered so a Member does not have to worry about online time and hourly surcharges during reasonable active use. The Member agrees to keep the connection open only while that Member is actively using it. Usage in excess of a weekly average of 8 hours a day will be considered dedicated and the Member will be given a choice of changing to a dedicated account or being disconnected.

3. REPORTING VIOLATIONS OF SIRUS' AUP
Sirus requests that anyone who believes that there is a violation of this AUP direct the information to sirus@sirus.com.

If available, please provide the following information:


The IP address used to commit the alleged violation

The date and time of the alleged violation, including the time zone or offset from GMT

Evidence of the alleged violation
Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

Sirus may take any one or more of the following actions in response to complaints:


issue written or verbal warnings

suspend the Member's newsgroup posting privileges

suspend the Member's account

terminate the Member's account

bill the Member for administrative costs and/or reactivation charges

bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.



4. REVISIONS TO THIS ACCEPTABLE USE POLICY
Sirus reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner.

Rev. 06/16/2000


SIRUS™ INTERNET SERVICE AGREEMENT
Read This Internet Service Agreement Carefully Before Using Our Internet Services.

1. INTRODUCTION.

Sirus, Inc. (“Sirus”) provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”) as well as to those who access some of our Services but do not have accounts (“Visitors”). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.

2. SUBSCRIPTION REQUIREMENTS.

Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. Sirus is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #), international, and simultaneous login access costs are extra. Current prices for Sirus’ Services are posted throughout our website at http://www.sirus.com. These rates may also be obtained by calling (616) 394-0558. Sirus reserves the right to change prices and institute new fees at any time.

3. PAYMENT OBLIGATIONS OF A MEMBER.

(a) Members must (i) provide Sirus with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Sirus all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
(b) Members having questions regarding charges to an account, should contact Sirus’ Customer Service Department at (616) 394-0558. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
(c) Charges are billed to Members’ credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. Sirus is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Sirus.
(d) If paying by check, payments are due within 30 days after the month in which the charges are incurred.
(e) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan.
(f) If you purchase Services through a reseller who in turns pays Sirus, the reseller must pay all amounts owing for your account. If the reseller fails to pay Sirus any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
(g) Delinquent accounts may be suspended or canceled at Sirus’ sole discretion; however, charges will continue to accrue until the account is canceled. Sirus may bill an additional charge to reinstate a suspended account.
(h) Returned checks will incur a $35 processing fee.

4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.
Upon registration, Members receive a username, password, and account designation. You and members of your household or business, if you have purchased a business account, are the only authorized users of your Sirus account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Sirus immediately upon discovering any unauthorized use of your account.

Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 10MB in size may, at Sirus’ discretion, be transferred to a compressed temporary file or storage. Sirus may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding 5MB may be suspended until the Member reduces the disk space usage to 5MB or less or purchases additional megabytes. Any free Web site exceeding 250MB of traffic will be billed for excess traffic. You may establish a commercial or high-volume account by calling (616) 394-0558.

Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.

Unlimited personal accounts are not a substitute for a full time dialup connection. They are offered so that a Member does not have to worry about online time and hourly surcharges during reasonable active use. The Member agrees to keep the connection open only while that Member is actively using it. Usage in excess of a weekly average of 8 hours a day will be considered dedicated and the Member will be given a choice changing to a dedicated account or being disconnected.

Sirus may change its POP numbers at any time. Sirus reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are Sirus’ property and Sirus may alter or replace them at any time.

5. MONITORING THE SERVICES.

Sirus has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Sirus, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy. Sirus may immediately remove your material or information from Sirus’ servers, in whole or in part, which Sirus, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.

6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY SIRUS, SIRUS DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. SIRUS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIRUS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIRUS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SIRUS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SIRUS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SIRUS AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, SIRUS CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

7. SOFTWARE LICENSE.

Sirus grants to each Member a limited, nonexclusive, nontransferable and nonassignable license to install and use the Sirus access software (including software from third-party vendors that Sirus distributes; in object code format), its associated documentation, and any updates thereto (“Licensed Programs”) in order to access and utilize the Services. Each Member agrees to use the Licensed Programs solely in conjunction with the Services and for no other purpose. Sirus may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to a Member.

The Licensed Programs constitute confidential and proprietary information of Sirus and Sirus’ licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with Sirus and Sirus’ licensors. Member shall not translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.

You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Contractor/manufacturer is Sirus, Inc., 1430 West Peachtree Street, N.W., Suite 400, Atlanta, Georgia 30309.

8. WEB SITE USAGE.

Our site on the World Wide Web with its home pages in the domain “Sirus.com” or any other site operated by Sirus (the "Web site") is a complimentary information service offered by Sirus at no charge to users.

We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain “Sirus.com” is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Sirus of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Sirus", (b) the link must "point" to the URL "http://www.sirus.com" and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Sirus , (e) the link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site, and (f) Sirus may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Sirus.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Sirus. Sirus assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold Sirus harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify Sirus from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. Sirus will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.

Your posting of material on the Web site or providing material to Sirus to use on the Web site will be deemed to be a grant by you to Sirus of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material .

9. TERM OF AGREEMENT.

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.

10. TERMINATION.

Customers not otherwise obligated via a term commitment to Sirus may terminate their account at any time and for any reason by providing notice of intent to terminate to Sirus by:

registered or certified mail, return receipt requested addressed to Sirus Inc., Accounts-Customer Service, 675 E. 16th St., Holland, Michigan 49423; or
telephone calls directed to Customer Service at (616) 394-0558. The cancellation will become effective at the end of that billing cycle. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. If your account included space on Sirus’ servers, anything stored on this space will be deleted upon termination.
Without prior notice, Sirus may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Sirus, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due.

Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.

12. MISCELLANEOUS.

Sirus may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner.

13. DATA BACKUP

It is the Members responsibility to maintain backups any data stored on Sirus’ servers. This includes but is not limited to web sites, ftp sites and read or unread email. Should data be lost for whatever reason (server failure, etc.) it is the Members responsibility to reload any data to Sirus’ servers. Sirus, Inc. will not be responsible for any lost data.

Ver. 06/16/2000