In order to protect the numerous competing interests relating to Internet usage and our services, Thirdwave has created this Acceptable Use Policy (AUP), which is intended as a guide to the customer's rights and obligations when utilizing Thirdwave's services.  This document also contains information about the types of behavior permitted and prohibited on Thirdwave's network.  If you have any questions regarding this AUP, please contact us at AUP@thirdwavellc.com.

Adherence to AUPs

From time to time Thirdwave may impose reasonable rules and regulations regarding the use of its services (AUPs).  The AUPs are not exhaustive and Thirdwave reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs at www.thirdwavellc.com  (with a link accessible from the home page) or notification to you of the modified AUPs.  By submitting an order for any Thirdwave services (including hosting, web sites, etc.), you agree to abide by the AUPs as modified from time to time.  Unlisted activities may also constitute violations of this AUP such as activities are illegal, irresponsible, contrary to public policy or otherwise disruptive.  No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM THIRDWAVE.  YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES.  "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES AND DOMAIN NAMES.  IT IS THIRDWAVE'S POLICY TO TERMINATE SERVICE FOR REPEAT INFRINGERS.  THIRDWAVE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME.

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control.  If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack.  In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

System and Network Security

Violations of system or network security are prohibited, and may result in criminal and civil liability.  Thirdwave may 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 (sometimes known as 'hacking').
• 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, Trojan horses, sending Internet viruses, pinging, denial of service attacks, 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 e-mail or a newsgroup posting.

Violators of this policy are responsible, without limitation, for the cost of labor to correct any damage done to the operation of the network and business operations supported by the network.

Thirdwave 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, Thirdwave urges its customers to assume that all of their on-line communications are insecure.  Thirdwave cannot take responsibility for the security of information transmitted over Thirdwave's facilities.

Network Responsibility

Customers have a responsibility to use the Thirdwave network responsibly, which includes respecting the other customers of Thirdwave.  This includes, but is not limited to:

• Attacking or attempting to gain unauthorized access to servers and services that belong to Thirdwave or its customers (i.e. computer hacking), and/or
• Participating in behavior which results in reprisals that adversely effect the Thirdwave network or other customers' access to the Thirdwave network.

Thirdwave will react strongly to any use or attempted use of an Internet account or computer without the owner's authorization.  Such attempts include, without limitation, "Internet Scanning" (tricking other people into releasing their passwords), password robbery, security hole scanning and port scanning.  Any unauthorized use of accounts or computers by a Thirdwave customer, whether or not the attacked account or computer belongs to Thirdwave, will result in severe action taken against the attacker.  Any attempt to undermine or cause harm to a server or customer of Thirdwave is strictly prohibited.  Thirdwave will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

The customer is expected to be familiar with and to practice appropriate Internet etiquette.  The customer will comply with the rules appropriate to any network to which Thirdwave may provide access.  The customer should not post, transmit or permit Internet access to information the customer desires to keep confidential.

Intellectual Property and other Violations of Law

The Thirdwave network may only be used for lawful purposes.  Transmission, distribution or storage of any information, data or material in violation of United States or state law, common law or any AUP is prohibited.  Customer shall be prohibited from engaging in any activity over the Thirdwave network that infringes or misappropriates the intellectual property rights of others, including copyright, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities.  Thirdwave complies with the Digital Millennium Copyright Act, and encourages customers to report cases of copyright infringement involving a customer to AUP@thirdwavellc.com.  Making unauthorized copies of software is a violation of the law, no matter how many copies you are making.  Similarly, if you copy, distribute or install software in ways that the applicable license does not allow, you are violating federal copyright law.  If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may also be fined and/or receive jail time.  Thirdwave will cooperate fully with any civil and/or criminal litigation arising from the violation of this policy.

Any conduct that constitutes harassment, fraud, stalking, abuse or a violation of federal export restriction in connection with use of Thirdwave services or products is also prohibited.  In addition, using the Thirdwave network to solicit the performance of any illegal activity is prohibited, even if the activity itself is not performed.  In addition, knowingly receiving or downloading a file that cannot be legally distributed, even without the act of distribution, is prohibited.

Servers hosted within the Thirdwave network are open to the public.  You are solely responsible for your usage of the Thirdwave network and servers and any statement you make on servers hosted within the Thirdwave network may be deemed "publication" of the information entered. Acknowledging the foregoing, you specifically agree not to use our service in any manner that is illegal or libelous.

Obscene Speech, Child Pornography and other Inappropriate Material

The customer is not permitted to post any material that is tortuous, indecently depicts children, defamatory, harassing, abusive, threatening or is likely to result in retaliation against Thirdwave by offended users.  Using Thirdwave?s network to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or material is strictly prohibited.  Thirdwave will cooperate fully with any criminal investigation into a customer's violation of the Child Protection Act of 1984 and any similar laws or statutes.  Customers are ultimately responsible for the actions of their clients over the Thirdwave network, and will be liable for illegal material posted by their clients.

Spamming and Unsolicited E-Mail

Thirdwave will not tolerate any unsolicited e-mailing practices on the part of any customer (e.g. 'SPAM' and/or UCE's).  To this end, customers of Thirdwave may not use or permit others to use our network to transact in Spamming or UCE (which includes a prohibition on hosting sites or information that is advertised by UCE from other networks).  As our customers are ultimately responsible for the actions of their clients over the Thirdwave network, it is advisable that customers develop a similar, or stricter, policy for their clients.  Upon notification of an alleged violation of this policy, Thirdwave will initiate an immediate investigation, during which time Thirdwave may restrict customer access to the network to prevent further violations. If a customer is found by Thirdwave, in its sole discretion, to be in violation of this policy, Thirdwave may restrict, suspend or terminate the customer's account.  Further, Thirdwave reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.  Thirdwave will notify law enforcement officials if the violation is believed to be a criminal offense.

IP Address Overlap

Thirdwave administers the network on which customer servers reside.  The customer cannot use IP addresses which were not assigned to them by Thirdwave staff.  Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. 

Server Resources

Any web site that uses an excessive amount of server resources (i.e. CPU, memory usage, etc.), as determined by Thirdwave in its sole discretion, will be given the option to either pay additional fees to maintain such usage or reduce the resources used to an acceptable level.  In addition, Thirdwave shared web hosting accounts are not to be used for the purpose of distributing and/or storing unusually large amounts of multimedia files.

Password Protection

The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password.  The customer will not use or permit anyone to use Thirdwave's service to guess passwords or to access other systems or networks without authorization.  Thirdwave will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. 

Usenet Groups

Thirdwave reserves the right not to accept postings from newsgroups where we have actual knowledge or reasonably suspect that the content of the newsgroup violates this AUP. 

Internet Relay Chat (IRC)

Thirdwave does not allow IRC or IRC bots to be operated on our servers.

Indemnification

By registering or signing up for any services, customer agrees to indemnify Thirdwave for any violation of these AUPs or any law that results in loss to Thirdwave or the bringing of any claim against Thirdwave by any third-party.  This means that if Thirdwave is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Thirdwave, plus costs and reasonable attorney's fees.

Disclaimer of Responsibility

Thirdwave is under no duty to monitor each customer's or user's activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility to police Internet-related activities.  Thirdwave disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person's or party's violation of this policy.  In addition, because Thirdwave cannot monitor or censor the Internet in any meaningful manner, and will not attempt to do so, Thirdwave cannot accept any responsibility for injury to its customers arising from inaccurate, unsuitable, offensive or illegal Internet communications.

The Thirdwave service is provided on an as-is basis, without any warranties of any kind, either express or implied.  Thirdwave expressly disclaims any representation or warranty that the Thirdwave service will be error-free, secure or uninterrupted.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU.

Suspension, Disclosure and Responsibility

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer.  Thirdwave will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with this AUP or law, however whenever Thirdwave becomes aware of harmful activities, it may take any action to stop the harmful activity, including, without limitation, removing information, shutting down the web site, implementing screening software designed to block offending transmissions, denying access to the Internet or any other action it deems appropriate.

Thirdwave 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.  Thirdwave may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.  Furthermore, Thirdwave may disclose information, including, without limitation, information regarding a particular customer, 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.  Thirdwave assumes no obligation to inform the customer that his, her or its information has been provided and in some cases may be prohibited by law from giving such notice.  Finally, Thirdwave may disclose customer information or information transmitted over its network where necessary to protect Thirdwave and others from harm, or where such disclosure is necessary to the proper operation of the system.
 
We hope this AUP is helpful in clarifying the rights and obligations of our customers.  Any complaints about a customer's violation of this AUP should be sent to AUP@thirdwavellc.com.