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EMBARQ ACCEPTABLE USE POLICY & VISITOR AGREEMENT

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Effective October 20, 2006

Welcome to the Embarq website, a service of Embarq with its subsidiaries, affiliates, agents and licensors (collectively "Embarq"). The following terms apply to your use of and access to any Embarq-owned or operated website ("Website"), as well as any electronic transmission sent, received, posted, accessed, or stored via any Embarq-provided network ("Network"), including without limitation wireline or wireless web, data, and messaging services; Internet services; and internal email network for communicating with Embarq employees. Certain products or services offered through the Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.

COVERAGE OF THIS POLICY AND AGREEMENT

In addition to other agreements between you and Embarq, these terms explain the policies that govern your access to and use of the Website and Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.

By accessing or using the Website or Network, you agree to these terms (collectively the "Policy and Agreement"), as Embarq may modify it from time to time. If you do not agree to accept and comply with the Policy and Agreement, do not access or use the Website or Network.

LINKS TO THIRD-PARTY SITES

The Website may contain links to other websites that are maintained by third parties over which Embarq has no control. These links are provided for convenience only. Use of these links will cause you to leave the Website and use of third-party websites is entirely at your own risk. Embarq makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Embarq does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Embarq is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.

ILLEGAL OR HARMFUL USE

You may access and use the Website and Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via the Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:

  • Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
  • Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
  • Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
  • Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).
  • Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
  • Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer or other programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

ELECTRONIC COMMUNICATIONS

You may not distribute, publish, or send through the Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service.

Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without Embarq's prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including "spyware") designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site's mail server to relay mail without the express permission of the account holder or the site.

NETWORK SECURITY AND INTEGRITY

You may not violate the security of the Website or Network in any way. Such violations may result in criminal or civil liability. Embarq may, but is not obligated to, investigate any violation of the Network. Embarq may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using Embarq products services or sending, receiving, posting, accessing, or storing any electronic transmission via the Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:

  • Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
  • Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
  • Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
  • Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
  • Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Embarq or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Embarq customer or other end-user. Embarq may, but is not obligated to, take any action it deems necessary to protect the Website and Network, its rights or the rights of its customers or third parties, or (2) optimize or improve the Website, Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website or Network. Embarq may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.

INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT

All users of the services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution. EMBARQ shall not be obligated to monitor or exercise any editorial control over any material stored, copied, or communicated using our services, but reserves the right to do so. Any user which EMBARQ determines to have violated any terms of this Policy and Agreement may be subject to a suspension or termination of service on the most limited basis as EMBARQ determines is reasonably practical under the circumstances to address the underlying violation. In the event that EMBARQ becomes aware that any such material may violate the terms of this Policy and Agreement and/or expose EMBARQ to civil or criminal liability including, without limitation, under the Digital Millennium Copyright Act (DMCA), EMBARQ reserves the right to block access to such material and suspend or terminate any user creating, storing, copying, or communicating such material. EMBARQ further reserves the right to conduct investigations into fraud, violations of the terms of this Policy and Agreement or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that EMBARQ deems responsible for the wrongdoing.

We may also access and disclose any information (including transactional information) related to your access and use of the Website or Network for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE NETWORK OR WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." EMBARQ, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. EMBARQ DOES NOT GUARANTEE THAT ITS WEBSITES OR NETWORK WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL EMBARQ, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE OR NETWORK. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF EMBARQ, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY EMBARQ NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF EMBARQ, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

GOVERNING LAW

This Policy and Agreement is governed by and must be construed under the laws of the State of Kansas. The federal courts within the state of Kansas and state courts in Johnson County, Kansas, have exclusive jurisdiction over and venue of any suit that relates to this Policy and Agreement.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Embarq from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through the Website or Network; or (5) your use of the Website or Network.

MODIFICATION OF THE POLICY AND AGREEMENT

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on http://www.embarq.com. You agree to the Policy and Agreement by accessing or using the Website, products or services, or by sending any electronic transmission through the Network.

PRIVACY POLICY

Embarq respects the privacy of visitors to the Website. Please review our Privacy Policy.

MISCELLANEOUS

Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Embarq may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

QUESTIONS AND COMMENTS

We invite you to send in your questions, comments, or suggestions about our Website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Customer Care.

EMBARQ CONTENT POLICY SUMMARY

This policy references only content that is controlled and/or distributed by EMBARQ and is not applicable to content found on internet web sites not owned by EMBARQ.

Given the rapid changes in technology and the business models those changes promote, it is impossible to have a policy that specifically discusses every type of relationship EMBARQ may consider or every content decision that EMBARQ will make. However, attention to the following guiding principles and the more complete discussion that follows, should help EMBARQ decision makers that are tasked with dealing with these complex issues.

EMBARQ understands and appreciates that the web and content distributed on it is solely the responsibility of those who produce and access the content. As such, EMBARQ takes no responsibility for third party content accessed over the EMBARQ network without limitation, nor does EMBARQ have any obligation to monitor such third party content. EMBARQ reserves the right at all times to remove or refuse to distribute any content which it finds objectionable for any reason. EMBARQ also reserves the right to direct any objectionable or illegal content to the appropriate legal, regulatory or governmental entities. EMBARQ holds no responsibility or liability for enacting or failing to enact these stated rights under this agreement.

The following principles are intended to be a summary of the EMBARQ content policy. They are not intended to address every scenario, but simply to outline our approach to monitoring the content that we offer.

  1. EMBARQ will not transport content that it knows is illegal.
  2. EMBARQ may decline or immediately terminate service that threatens the EMBARQ network, its users or fails to adhere to stated policy.
  3. EMBARQ will not deny common carrier transport service (such as long distance and wireless service) to a customer based on the type of content the customer is transmitting. In exercising this common carrier duty, EMBARQ is not required to investigate the nature of the customer’s content and should not do so in the normal course of business.
  4. EMBARQ has more discretion to determine who it will do business with when providing non-telecommunications products and services (such as Internet-based services, Web hosting and short message based services) and should exercise a heightened level of scrutiny in considering content that others might perceive as objectionable or divisive. EMBARQ will exercise increased scrutiny of content provided by EMBARQ through relationships with content providers.
  5. EMBARQ prohibits the publishing or distribution of content that is deemed objectionable, including content that is illegal, contains harmful or malicious code, protected content, harmful or violent content, obscene content, or includes private or confidential information.
  6. EMBARQ prohibits the use of its services in any way that might be deemed illegal or inappropriate, including but not limited to the generation or distribution of Spam, Malicious Codes or Viruses, or for the promotion of objectionable content.
  7. EMBARQ reserves the right to terminate services for any and all users, producers, publishers or distributors failing to adhere to its stated policy. Furthermore, EMBARQ reserves the right to disseminate all information to appropriate legal, regulatory and governmental authorities if it is believed the content or distribution in question have the potential to be illegal or pose a threat to EMBARQ, its users or the general public.

Objectionable Content
Because of evolving societal and legal standards, it can be difficult to determine when content is objectionable. While not an exhaustive list, the following are some types of content that are likely to be troublesome and deserve closer scrutiny if associated with a proposed business relationship or content offering:

  • Mature and Adult Entertainment. This type of content can generate considerable controversy, even if legal, non-pornographic, and widely available in print format, including such things as frank relationship and sex advice, and suggestive or prurient images and stories.
  • Violent Content, Games and Video. The affect of violence on children is much debated, and controversy can be created if minors are allowed to access violent content without parental approval.
  • Gambling and Sweepstakes. Gambling is illegal in many states, and closely regulated in all states. Similarly, sweepstakes are subject to complex rules and are frequently scrutinized closely by consumer protection and law enforcement officials.
  • Services Targeted to the Disadvantaged. When it first became widely available, 900 pay-per-call service was used to sell a variety of goods and services that allegedly were not provided or were misrepresented. (For example, for a $40 charge on his telephone bill, a caller received an application for a debit card instead of the promised credit card.)
  • Services Without Value to Customers. Examples include psychic advice and other personal services that many consumers and law enforcement agencies believe are harmful or misleading.
  • Harmful to EMBARQ, its users or the general public. Examples include directions on how to make bomb, hack systems, etc.

Enforcement of this Policy:
To enforce this policy, EMBARQ will do the following:

  1. Provide all potential content providers with a copy of our content policy.
  2. Review the ratings of content provided by potential partners to ensure that all of their content meets our guidelines or that they have a way block specific content that does not conform.
  3. Contractually require our providers to meet the guidelines of our content policy.
  4. Allow customers to notify us of content that does not meet our guidelines at brand@embarq.com.
  5. Investigate content reported by our users and remove the content if it does not comply with our guidelines.

EMBARQ does not individually review all content posted or distributed on its networks, but will review any and all questionable material brought to its attention. EMBARQ holds itself and its partners to a higher standard and will attempt to review content directly published from EMBARQ and advertised on its properties. As always, EMBARQ welcomes the assistance of our users in monitoring content. To notify us of objectionable content, please email us at: brand@embarq.com.