Flexible Internet Acceptable Usage Policy

This acceptable use policy specifies the actions prohibited by Flexible Internet to users of the Flexible Internet network. Flexible Internet reserves the right to modify this policy at any time, effective upon posting of the modified policy to this URL: http://www.flxi.net/aup.asp.

Illegal use
The Flexible Internet network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

System and network security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Flexible Internet will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

• 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 express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Email
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

Hosting of web sites that are referenced or otherwise linked to in unsolicited messages originating from any system on the Internet is explicitly prohibited.

Web Hosting
Users are solely and fully responsible for the content of their pages hosted by Flexible Internet and will be held legally liable for such content. By submitting pages to Flexible Internet, users represent that the pages comply with this usage policy. Users may not post any illegal, offensive, or defamatory materials, materials constituting an illegal threat, or materials which violate export laws on any web site hosted by Flexible Internet. Examples of web hosting violations include, without limitation, the following:

• Submitting any page that contains, or provides links to nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent or that violates local, state and national laws.
• Posting content that promotes, encourages, or provides instructional information about illegal activities---specifically hacking, cracking, or phreaking.
• Posting any software, information, or other material that contains a virus, "Trojan Horse", corrupted data, or any other harmful or damaging component.
• Posting any raffle, contest, or game requiring payment of a fee by participants.
• Posting hate propaganda or hate mongering, swearing, or fraudulent material or activity.

Flexible Internet reserves the right to remove anything submitted to Flexible Internet, and to cancel any membership, at any time for any reason without prior notice.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A FLEXIBLE INTERNET CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER. IN NO EVENT WILL FLEXIBLE INTERNET BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FLEXIBLE INTERNET SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

Usage of Flexible Internet services means acceptance of the terms of this agreement.