Napanet Internet Services

Acceptable Use Policy

INTRODUCTION

Napa Internet Services Acceptable Use Policy ("AUP") is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Napa Internet Services Internet services (the "Services")-those who access some of our Services but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Members")-must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. NapaNet makes no warranty of any kind either expressed or implied, regarding the quality, accuracy or validity of the data and/or information residing on or passing through any Networks. Use of any information obtained from or through Services will be at Customers own risk. However, in accordance with our Internet Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Napa Internet Services may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. A Customers violation of this AUP may result in the suspension or termination of either their access to the Services and/or their Napa Internet Services account and may result in applicable termination charges and/or other actions as detailed in this document. This AUP should be read in conjunction with our Internet Service Agreement and other policies.
VIOLATIONS OF NAPA INTERNET SERVICES' ACCEPTABLE USE POLICY

The following constitute violations of this AUP:
1. Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
2. Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
3. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
4. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
5. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
6. Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
7. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
8. Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Napa Internet Services or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
9. Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Napa Internet Services is registered under the Digital Millennium Copyright Act of 1998.
10. Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
REPORTING VIOLATIONS OF NAPA INTERNET SERVICES'S AUP

Napa Internet Services requests that anyone who believes that there is a violation of this AUP direct the information to Director-Abuse Department, at: abuse@napanet.net.

If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
Email with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

Napa Internet Services may take any one or more of the following actions in response to complaints:
- issue warnings: written or verbal
- suspend the Member's newsgroup posting privileges
- suspend the Member's account
- terminate the Member's account
- bill the Member for administrative costs and/or reactivation charges
- bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
REVISIONS TO THIS ACCEPTABLE USE POLICY

Napa Internet Services reserves the right to revise, amend, or modify this AUP, our Internet Service Agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service