ACCEPTABLE USE POLICY (AUP)

This Acceptable Use Policy ("AUP") sets forth the principles that govern the use of the IP systems, services, products and networks (collectively, “Services”) provided by TelAlaska NetWorks/arctic.net ("Company"). This AUP has been created to promote the integrity, security, reliability and privacy of Company's Services. User’s use of the Services shall constitute acceptance of the terms of this AUP. This AUP also applies to any person visiting any of the Company’s sites, whether such person is a Customer or user, a visitor to a public area of Company’s Services, or a participant in one of our promotional offerings. This AUP supplements, but does not supersede, the contracts that Customer has with Company. If such a contract restricts the use of Company’s Services in a manner not addressed herein, the contract will govern with respect to such use.

Prohibited Uses
Uses of the Company’s Services described below are prohibited under this AUP. The examples provided below are guidelines only, and are not intended to be exclusive. If a customer is unsure whether a contemplated use or action is permitted under the AUP, the customer should e-mail Company with a description of the proposed use at abuse@arctic.net for a determination as to whether the use is permissible under this AUP.
A. Illegal Activity
Customers shall not post, transmit, re-transmit or store material on or through any of Company's Services that: (i) is in violation of any local, state, federal or international law or regulation; (ii) violates the legal rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer; (iii) entail deceptive on-line marketing practices; or (iv) furnish false data on a signup form, contract, or online application, including fraudulent use of credit card numbers. For purposes of this AUP, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs and scripts, video recordings, and audio recordings.

B. Security Concerns
The Services may not be employed in connection with attempts to violate the security of the IP systems and network or of any user’s legitimate use thereof. Prohibited activities of this nature include: (i) attempting to circumvent user authentication or security of any host, network, or account ("cracking"), including, but not limited to, accessing data not intended for the user, logging into a server or account the user is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool); (ii) effecting security breaches or disruptions of Internet communications (as used herein, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host); (iii) using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet; (iv) executing any form of network monitoring which will intercept data not intended for the user; or (v) intentionally releasing any virus, worm or other destructive software program or mechanism into the Company’s Services.

C. Spam
Spam is an unacceptable use of the e-mail function on Company’s Services, which includes any of the following activities: (i) sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (including; but not limited to, commercial advertising and informational announcements); (ii) failing to honor a user’s request not to forward additional unsolicited material; (iii) posting the same or similar messages to large numbers of forums or user groups or in violation of such groups rules; (iv) sending unsolicited e-mail without identifying a clear and easy means to be excluded from receiving additional e-mail from the originator; (iv) sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin; (vi) using a Company or a Customer account to collect replies to messages from another provider; (vii) creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings; or (viii) unauthorized use, or forging, of mail header information (this includes attempting to circumvent the approval process for posting to a moderated newsgroup).

D. Threatening or Harassing Activity
The Company’s Services may not be used to transmit materials of a threatening nature, including threats of death, physical harm, harassment, libel, slander or defamation. Communication intended to harass through the frequency or size of messages is prohibited.

E. Offensive Materials
The Company’s Services may not be used for the distribution of offensive materials, including obscene, pornographic, indecent and hateful materials.

F. Other Prohibited Activities
The Company’s Services may not be used for (i) the resale of the Company’s services or products without the prior written consent of the Company; (ii) the intentional another user’s acceptable use policy or other established terms of service; (iii) the purpose of restricting any other user in his, her or its use or enjoyment of the Company’s Services.

G. Dial-Up Users
In addition to the foregoing, for dial-up users, (i) attempting to circumvent the 'idle daemon' or time charges accounting, or attempts to run programs while not logged in by any method, (ii) consuming excessive resources, including CPU time, memory, disk space, and session time, which negatively impact other system users or the performance of Company Services, or (iii) sharing passwords or accounts with third parties are prohibited.

Indirect and Downstream Access
A violation of this AUP by a user having only indirect access to the Company’s Services through a Customer or other user will constitute a violation, whether or not the Customer or other user has consented to such prohibited use. Resellers of the Company’s Services are responsible for informing their customers of this AUP and for enforcing its restrictions with regard to their customers' actions. Breach or non-compliance of this AUP by a customer or end-user of a reseller shall be considered a violation of this AUP.

Complaint and Enforcement
A. Complaint
Company does not intend, and assumes no responsibility, actively to monitor the content of Web sites, e-mail, news groups or other materials created or accessible over its Services. Company, however, reserves the right to monitor the Services for compliance with this AUP.
Complaints regarding abusive conduct may be reported by FAX to:
(907) 550-1675,
ATTN: Kris Rider,
Customer Service Manager
or by mail to:
TelAlaska NetWorks
201 E. 56th Ave.
Anchorage, AK 99518

Complaints will also be accepted via e-mail at abuse@arctic.net, so long as a valid return address is included. TelAlaska NetWorks must be able independently to verify each instance of abuse; therefore, each complaint must include the COMPLETE TEXT OF THE OBJECTIONABLE MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.

B. Enforcement
Company may, in its sole discretion, suspend or terminate a customer's service for violation of any of AUP at any time and without warning. Company may in its sole discretion also, without suspending or terminating service, first effect or demand immediate removal of offending material, or temporary or permanent filtering. Company may involve, and will cooperate with, law enforcement officials if criminal activity is perceived. As a general matter, Company attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service. Refunds or credits are not available to users who have violated this AUP.

Liability
In no event will Company be liable to any Customer or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if Company was advised of the possibility of such damages. Company is not responsible for any content placed on its Services by any user, including any Usenet posting or transmitted e-mail.

Miscellaneous
Modification of AUP.
TelAlaska NetWorks may revise this AUP from time to time without notice by posting a new version of this document on the TelAlaska NetWorks Web site at www.arctic.net and www.akwifi.com (or any successor URL(s)). All revised copies of the AUP are effective immediately upon posting. Accordingly, customers and users of the TelAlaska NetWorks Internet Service should regularly visit our web site and review this AUP to ensure that their activities conform to the most recent version.

Applicability of AUP
This AUP also applies to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet).