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Acceptable Use Policy (AUP)/ Terms of Service (ToS) This agreement represents the complete agreement and understanding between Internet49.com Internet Services (Hereinafter referred to as "Internet49.com"), its affiliates and owners, and the account holder (hereinafter called User) and supersedes any other written or oral agreement. Internet49.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. If you do not agree to these terms and conditions, please notify our Customer Service Department at 1-888-709-4949 during normal office hours so we can terminate your account. Failure to notify Internet49.com shall constitute your approval. 1. All individuals accessing Internet49.com represent to Internet49.com that they are 18 years of age or older. Certain material available on the Internet through Internet49.com may not be suitable for individuals under the age of 18. 2. User understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your own risk. Internet49.com has no control over and accepts no responsibility whatsoever for such materials. 3. Information transmitted through Internet49.com and through the Internet in general is not confidential. Therefore, Internet49.com cannot and will not guarantee privacy or guarantee protection of any user. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of the Company. We will not disclose any information about any User unless required by court order, subpoena or other legal request, or upon the advice of counsel. 4. Internet49.com exercises no control whatsoever over the content of the information passing through it. Use of any information obtained via Internet49.com is at your own risk. Neither Internet49.com nor any of its licensors, employees, or agents warrants that the service will be uninterrupted or error free; nor does Internet49.com or its licensors, employees, or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "AS IS" basis without warranties of any kind, either express or implied including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or use. Neither Internet49.com nor anyone else involved in creating, producing, or delivering the service shall be liable for any indirect, incidental, special, or consequential damages arising out of the use of the service or inability to use the service or out of any breach of any warranty. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Internet49.com, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. 5. User agrees to indemnify and hold without harm Internet49.com, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including attorney's fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized. 6. Internet49.com Internet connections and all other services provided to the user by Internet49.com may only be used for lawful purposes. Transmission or storage of any information, data, or material in violation of any U.S. or state regulation or law is prohibited. This includes but is not limited to copyrighted material legally judged to be threatening or obscene, or material(s) protected by trade secret. User agrees to indemnify and hold harmless Internet49.com from any claims resulting from your use of the service, which damages you or another party. Internet49.com reserves the right to refuse and delete at any time the content of any Web pages hosted on Internet49.com servers if the content of such Web pages contains threatening, obscene or offensive material. 7. The right to use Internet49.com is not transferable. Accounts are for your use only! User is responsible for the confidentiality of user's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law. 8. Internet49.com's services cannot be used to send unsolicited advertising or promotional materials, hereafter referred to as SPAM, to other Internet users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. Internet49.com DOES NOT ALLOW users to run Bulk E-mailers, Mail list, Listserver or any form of auto-responder from a user's account. Processes that run or are activated while the user is not logged in are also NOT ALLOWED. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or Internet49.com will not be tolerated. When Internet49.com becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Internet49.com may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of Internet49.com following payment of a reconnection charge. 9. Any attempt to modify your originating information by spoofing or other similar actions, is also considered a violation and strictly prohibited. 10. Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will abide by all the rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies. 11. Should it be determined that Internet49.com is damaged by users in violation of this AUP, or if Internet49 incurs any additional costs as a result of user

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