SBC Services Acceptable Use Policy

GENERAL SERVICES

As a provider of web site hosting, and other Internet-related services, Sbc-Services.com offers its customers, and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Sbc-Services.com respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Sbc-Services.com reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Sbc-Services.com 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 Sbc-Services.com's services. This AUP will be revised from time to time. A customer's use of Sbc-Services.com's services after changes to the AUP are posted on Sbc-Services.com's web site, www.Sbc-Services.com.net, 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 customers obtain information through the Internet, they must keep in mind that Sbc-Services.com cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers 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 Sbc-Services.com cannot monitor or censor the Internet, and will not attempt to do so, Sbc-Services.com cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that Sbc-Services.com does not review, edit, censor, or take responsibility for any information its customers 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 Sbc-Services.com's network and may reach a large number of people, including both customers and noncustomers of Sbc-Services.com, customers' postings to the Internet may affect other customers and may harm Sbc-Services.com's goodwill, business reputation, and operations. For these reasons, customers violate Sbc-Services.com policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

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 Sbc-Services.com, but also because it can overload Sbc-Services.com's network and disrupt service to Sbc-Services.com customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Sbc-Services.com has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Accounts caught sending unsolicited, either through our servers or to promote a web site on our servers or to promote a Sbc-Services.com affiliate link, will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed and $200 fee for violations of Terms and conditions.

*Unsolicited is defined, by Sbc-Services.com as: email sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.

Excessive Bandwidth Use --

If your hosting account, with Sbc-Services.com, goes over the bandwidth allowance set for that account, you agree to pay for that overage.

Currently, the rate charged by Sbc-Services.com Host for bandwidth is $10.00 per 1000 MBytes. If your account goes over its bandwidth allowance for the month, you must either upgrade your account or purchase additional bandwidth to cover your account bandwidth usage. If you choose additional bandwidth, you must purchase in 1000 MByte increments and you must purchase enough to cover the remaining term of your hosting account. All bandwidth/traffic/diskspace amounts are measured in MBytes/GBytes.

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 ("IP Violations". Sbc-Services.com reserves the right to remove or block access to customer content upon receipt of a notice of any IP Violation. It is also Sbc-Services.com's policy to terminate the privileges of customers who commit repeatIP Violations.

Obscene Speech or Materials --

Using Sbc-Services.com's network to advertise, transmit, store, post, display, or otherwise make available any obscene material, including, without limitation, child pornography or obscene speech, is prohibited. Accounts caught in violation, will be terminated immediately, will not qualify for a refund and will be charged and assessed a $200 fee for the violation. The final determination of what constitutes "Obscene Speech or Materials" will be made by Sbc-Services.com in its sole discretion. Please be aware that Sbc-Services.com is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Sbc-Services.com's network.

Child Pornography --

Our policy on child pornography is zero tolerance. Sbc-Services.com will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Sbc-Services.com network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Defamatory or Abusive Language --

Using Sbc-Services.com's network as a means to transmit or post defamatory, harassing, abusive, or threatening language; or engaging in any activity that violates the privacy, publicity, or other personal rights of others.

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 --

Sbc-Services.com 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 Sbc-Services.com determines to be harmful to its customers, 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. Sbc-Services.com will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with Sbc-Services.com policy or applicable law. When Sbc-Services.com 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.

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

Sbc-Services.com 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, Sbc-Services.com urges its customers to assume that all of their on-line communications are notare not secure. Sbc-Services.com cannot take any responsibility for the security of information transmitted over Sbc-Services.com's facilities.

Sbc-Services.com will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. Sbc-Services.com may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Sbc-Services.com 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. Sbc-Services.com 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, Sbc-Services.com may disclose subscriber information or information transmitted over its network where necessary to protect Sbc-Services.com and others from harm, or where such disclosure is necessary to the proper operation of the system.

Sbc-Services.com expects that its customers 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 Sbc-Services.com policy. Finally, Sbc-Services.com wishes to emphasize that in signing the service agreement, customers indemnify Sbc-Services.com for any violation of the service agreement, law, or Sbc-Services.com policy, that results in loss to Sbc-Services.com or the bringing of any claim against Sbc-Services.com by any third-party. This means that if Sbc-Services.com is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Sbc-Services.com, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Sbc-Services.com and its customers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@sbc-cervices.com

Copyright Infringement

DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Sbc-Services.com system or Web site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING SBC-SERVICES.COM THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

Sbc-Services.com
Attention: 19b Newbury Street Wantage OX12 8BU UK

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Lawful Purpose

Sbc-Services.com reserves the right to refuse service to anyone. Customers may only use Sbc-Services.com servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Sbc-Services.com management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Somerset County, New Jersey. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Somerset County Courts. IN NO EVENT SHALL SBC-SERVICES.COM MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD SBC-SERVICES.COMHARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST C I HOST, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SBC-SERVICES.COMAGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SBC-SERVICES.COM'SSERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM SBC-SERVICES.COM SERVER.

Disclaimer

SBC-SERVICES.COM WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. SBC-SERVICES.COMMAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. SBC-SERVICES.COM DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY SBC-SERVICES.COM AND ITS EMPLOYEES. SBC-SERVICES.COM RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF SBC-SERVICES.COM MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.