As a provider of Internet access, web site hosting, and other Internet-related services, Prime Internet offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Prime Internet respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Prime Internet reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Prime Internet has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Prime Internet's services. This AUP will be revised from time to time. A customer's use of Prime Internet's services after changes to the AUP are posted on Prime Internet's web site, www.Prime Internet.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

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 the Internet, 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 Prime Internet cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may 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 is sexually explicit or otherwise offensive. Because Prime Internet cannot monitor or censor the Internet, and will not attempt to do so, Prime Internet cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Prime Internet does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Prime Internet's network and may reach a large number of people, including both subscribers and nonsubscribers of Prime Internet, subscribers' postings to the Internet may affect other subscribers and may harm Prime Internet's goodwill, business reputation, and operations. For these reasons, subscribers who violate Prime Internet policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities will be subject to service termination without notice.

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Prime Internet, but also because it can overload Prime Internet's network and disrupt service to Prime Internet subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Prime Internet has the discretion to determine from all of the evidence whether the email recipients were from a valid "double opt-in" email list. Customer who send unsolicited eMail to end users without any prior business or private relationship will be subject to service termination without notice.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Prime Internet is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Prime Internet's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Prime Internet's network to advertise, transmit, store, post, display, or otherwise make available illegal or obscene speech or material. Prime Internet is required by law to notify law enforcement agencies when it becomes aware of the presence of illegal material on or being transmitted through Prime Internet's network.

Defamatory or Abusive Language -- Using Prime Internet's network as a means to transmit or post defamatory, harassing, abusive, or threatening language (Hate Sites / Material).

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- Prime Internet reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Prime Internet determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Prime Internet will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Prime Internet policy or applicable law. When Prime Internet becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Prime Internet also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Prime Internet's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Prime Internet does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Prime Internet has the right to directly take action against a customer of a subscriber. Also, Prime Internet may take action against the Prime Internet subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Prime Internet anticipates that subscribers who offer Internet services will cooperate with Prime Internet in any corrective or preventive action that Prime Internet deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Prime Internet policy.

Prime Internet also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Prime Internet urges its subscribers to assume that all of their on-line communications are insecure. Prime Internet cannot take any responsibility for the security of information transmitted over Prime Internet's facilities.

Prime Internet does not warranty any of its services for fitness for profitability or under any circumstances assume any liability for lost or corrupted data belonging to the customer. It is the customers responsibility to accurate and updated copy of their data at all times. In the event of data loss Prime Internet will make reasonable efforts to recover the data from running backups, however at no time will assume liability for such data recovery.

Prime Internet will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Prime Internet may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Prime Internet may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Prime Internet assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Prime Internet may disclose subscriber information or information transmitted over its network where necessary to protect Prime Internet and others from harm, or where such disclosure is necessary to the proper operation of the system.

All Customers of Prime Internet agree that there service will be primarily served from the State of California and agree to be bound to any and all California Laws, settle any disputes in California and expressly agree and any legal venue will be the State of California.

Prime Internet expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Prime Internet policy. Finally, Prime Internet wishes to emphasize that in using the service, subscribers indemnify Prime Internet for any violation of the service agreement, law, or Prime Internet policy, that results in loss to Prime Internet or the bringing of any claim against Prime Internet by any third-party. This means that if Prime Internet is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Prime Internet, plus costs and reasonable attorneys' fees.

Customer Data

Prime Internet does not warranty any data, including, without limitation, any damage caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay or operation or transmission, communications line failure, theft or destruction of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, torturous behavior, negligence, or under any other cause of action. It is the subscribers responsibility to maintain accurate backup data for all services maintained at Prime Internet.

Customer Access to Dedicated Servers

Customers with Dedicated Servers are entitled to free administrative support via our online support ticket system. If the customer chooses to allow Prime Internet to fully administer their Dedicated Server only FTP and non-privileged SSH access will be given to the customer. Those customers who also wish to have administrative level access (root access) to their Dedicated Server may do so at no additional cost by submitting a support ticket at any time. All customers who do request administrative level access (root access) to their Dedicated Server will become wholly responsible for the ongoing stability of the server. Prime Internet will not be responsible for any service related issues related to the stability of the server in these cases. Prime Internet will also not be responsible for any outages or down-time related to problems with the Operating System. Prime Internet will only provide administration support upon request and will not monitor these servers for uptime or outages since the customer will have the ability to stop critical services which may be monitored. Prime Internet will not attempt to resolve or troubleshoot any core package issues or file system corruption issues that may arise if the customer has administrative level access (root access) to their Dedicated Server. In the event that the server Operating System becomes unstable or damaged beyond reasonable repair Prime Internet.s liability will be strictly limited to reloading the server with a fresh installation of the Operating System and base packages during normal business hours.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Prime Internet and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@primenetwork.net.

Information Security Administrator
Prime Internet Network Network
14701 Myford Road
Suite A
Tustin, California 92780
abuse@primenetwork.net

Last Modified 03/15/2005