Introduction

The Feynman Group Acceptable Use Policy (AUP) is designed to enhance the on-line experience of all internet users by fostering the free flow of information and ideas over the internet, while prohibiting unacceptable use. This AUP contains the terms and conditions for use of Feynman Group's internet services and may be modified from time to time. By accessing or using the services you agree to be bound by this AUP as modified.

Under normal circumstances Feynman Group does not actively monitor use of the services. Nor does it edit or otherwise control the content of any web site, electronic mail transmission, news group, or other material developed or accessible with use of or through the services, except for certain proprietary web sites. But, in accordance with the Feynman Group Services Agreement, Feynman Group may remove any materials, which Feynman Group, in its sole discretion, determines are in violation of this AUP, are illegal, subject Feynman Group to liability, or are otherwise offensive or inappropriate. In addition, in cooperation with governmental authorities or other third parties, Feynman Group may investigate any suspected or alleged crime or civil wrong committed with use of the services. Customers must follow this AUP in conjunction with the Feynman Group Services Agreement and other applicable policies.

Violations

Violations of this AUP include, without limitation, the following:

• General Illegal Use: Using the services or facilities in a way that violates any applicable law or regulation.
• Canceling Messages of Other Users: Using the services to cancel another's message, except that a user may cancel postings forged in that user's name. We may cancel any postings that violate this AUP.
• Collecting Personal Data: Using the services to collect, or to attempt to collect, personal information about third parties without their knowledge or consent.
• Disrupting Feynman Group Services or Facilities: Using the services or facilities for any activity that adversely affects the ability of other people or systems to use the services or the internet. This includes "denial of service" 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 customer's responsibility to ensure that their network is configured in a secure manner.
• Exceeding Allotted Web Site and Traffic Limitations: If a customer site exceeds its allotted size or monthly allotment of traffic, the site will become unavailable until the beginning of the next calendar month. Such unavailability may include, but will not be limited to, the inability to access the site publicly or to post or modify the site's contents.
• Forgery, Impersonation, or Fraud: 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. Using deliberately misleading headers in news postings in order to avoid spam email address collectors is not allowed. Using the services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam, such as a pyramid scheme or chain letter, is prohibited.
• Hate Speech, Harassment, Threats, and Harm to Minors: Using the services to post or transmit email or material that is hateful, harassing, threatens physical violence or the destruction of property, or harms, or attempts to harm, minors in any way.
• Infringing Intellectual Property: 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.
• Misuse of Usenet Group: Feynman Group customers should comply with published guidelines, FAQs, or community standards describing appropriate and inappropriate Usenet group participation and postings. The continued posting of off-topic articles in a newsgroup is prohibited. Many newsgroups consider commercial advertisements off-topic. Before posting to any newsgroup, please familiarize yourself with basic Usenet netiquette. Feynman Group considers multi-posting to 10 or more groups within any two-week period to be excessive.
• Reselling the Services: Reselling the services without Feynman Group's expressed written authorization.
• Sharing Accounts: Sharing a customer's account with another party for purposes of avoiding payment for a second account is strictly prohibited. Moreover, if you share your account with another party, you agree to be held accountable for their actions.
• Unauthorized Access: Using the services to access, or to attempt to access, the accounts of others; to port scan or to penetrate, or attempt to penetrate, security measures of Feynman Group's 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.
• Unsolicited Commercial or Bulk Email/Spam: Using the services to transmit any unsolicited commercial email or unsolicited bulk email.

Reporting Violations

Feynman Group requests that anyone who believes that there has been a violation of this AUP report the alleged violation to us at abuse@feynmangroup.com.

Please submit the following information to report a violation of the AUP:

• The IP address used to commit the alleged violation.
• The date and time of the alleged violation, including the time zone or offset from Greenwich Mean Time (GMT).
• Evidence of the alleged violation.

Consequences of Violating the AUP

It is Feynman Group's goal to provide a quality service for all users, including users of the other service providers and their associated networks. Accordingly, Feynman Group reserves the right to modify or disable (or both) a user's service any time that the user violates the AUP or such a violation is reported.

Feynman Group may take any one or more of the following actions, in its sole discretion, in response to a reported or otherwise discovered AUP violation:

• Issue verbal or written warnings.
• Suspend the customer's account.
• Terminate the customer's account.
• Bill the customer for reactivation charges.
• Pursue legal remedies for violations.

Feynman Group will not reimburse customers whose service is suspended or disabled due to any of the reasons listed above. In the event that your account should become suspended or terminated, you will still be responsible for all charges to your account, including, but not limited to, hardware charges, installation fees, and any other early termination liabilities.

Indemnifying Feynman Group for AUP Violation

All users of the services agree to indemnify, waive, and hold Feynman Group, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates, harmless from any and all claims and expenses related to the user's violation of this agreement, including any abusive or unlawful behavior on the part of the user, or anyone using the user's account, or the infringement of any intellectual property or privacy rights of any person or entity. This means that you cannot sue or recover damages whatsoever from Feynman Group as a result of Feynman Group's decision to remove material from its servers, warn you, suspend, or terminate your account, or take any other action during the investigation of a suspected violation, or as a result of Feynman Group's conclusion that a violation has occurred.