DFW Online, Inc.
TERMS OF USE SERVICE AGREEMENT
"Acceptable Use Policy"

1. Purpose
2. Use of the DFW Online Network
3. Noncompliant Content
4. Termination,Suspension, and Cancellation of Service
5. Applicability to End-Users
6. Reporting Violations
7. Cooperation with Law Enforcement and Other Carriers and Service Providers
8. Unlimited Internet Access Defined
9. Reasonable Usage Clause
10. Support Services
11.Modifications
 

1. PURPOSE
DFW Online is a responsible member of the Internet community. DfwOnline designed this Acceptable Use Policy (the "Policy") for DfwOnline's Internet and related products and services to help protect DfwOnline, our customers, and the Internet community in general from unlawful and irresponsible activities. This Policy is intended to protect network resources and preserve the privacy, integrity, and security of DfwOnline's and our customers' networks and data and the Internet. By using DfwOnline's Internet and related products and services, you agree to be governed by this Policy. (Go To Top)

2. USE OF DFW ONLINE NETWORK
(a)The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, any conduct that violates a law or the accepted norms of the Internet community, or that may damage DfwOnline's reputation, whether or not expressly mentioned in this Policy, is prohibited. (Go To Top)

(b) Without limiting the generality of Section 2(a) of this Policy, a person that uses DfwOnline's Internet and related products and services may not upload, post, or otherwise distribute, or facilitate the distribution of, any content that:

• unlawfully threatens, harasses, defames, or libels;
   
• is unlawfully deceptive, fraudulent, or invasive of another person's privacy;
   
• unlawfully victimizes, harasses, degrades, or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
   
• infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right;
   
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spam"), chain letters, any other form of unauthorized solicitation;
   
• constitutes an unlawful lottery or gambling activity;
   

• contains a software virus or other computer code, file, or program that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information, of any third party; or
   
• impersonates any person or entity.

(c) Without limiting the generality of Section 2(a) of this Policy, a person that uses DfwOnline's Internet and related products and services may not: (Go To Top)

• implement or participate in "denial of service" attacks of any type or attempts to breach authentication or security measures;
   
• attempt to gain unauthorized access to any other account, host, system, network, or data (including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without authorization of the owner of the system or network);
   
• leave their computer unattended while connected to DfwOnline. Dialup accounts in no expressed or implied way are to be used for access to work related activities that require or make use of a fulltime connection to the Internet;
   
• use server based and other automatic unattended programs over user dialup accounts;
   
• use automatic redialers or other programs that are used to allow reconnection of a disconnected dialup connection;
   
• falsify address information or otherwise modify headers to conceal a sender's or recipient's identity;
   
• monitor data or traffic on any network or system without authorization of the owner of the system or network;
   
• interfere with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
   
• use DfwOnline's services or facilities to engage in activities that violate the terms of service of any other network access provide;
   
• Knowingly engage in an activity that will cause a denial of service (e.g., synchronized number sequence attacks) to any person;
   
• forge a TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
   
• send unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, or use DfwOnline's services or facilities to transport or receive responses to unsolicited mail messages;
   
• unlawfully send pornographic material to children; unlawfully provide child pornography to users (This covers the push and pull of the Internet);
   
• use another site's mail server to relay mail without the express permission of the site;
   
• post the same or similar message to multiple newsgroups (excessive cross-posting or multiple-posting, also known as "spam");
   
• obtain or attempt to obtain service by any means or device with intent to avoid payment;
   
• access, alter, or destroy any information of a DfwOnline customers or end-user without authorization;
   
• delay in removing a recipient's address from such user's mailing list upon the request of the recipient;
   
• interfere with the use of the DfwOnline network by other customers or authorized users; or
   
• violate an export control law.      

3. NONCOMPLIANT CONTENT
DfwOnline may, in its discretion and without liability or notice, disconnect a customer that, in DfwOnline's judgment, does not comply with this Policy. DfwOnline reserves the right to screen and monitor content posted by users of its network to enforce this Policy. DfwOnline will not be responsible for violations of this Policy or for its failure or delay in disconnecting a customer that does not comply with this Policy. (Go To Top)

4. TERMINATION, SUSPENSION, AND CANCELLATION OF SERVICE
DfwOnline may in its discretion, without liability, and without notice terminate or suspend service based on its determination that a violation of this Policy has occurred. DfwOnline will not issue service credits for outages that result from its termination or suspension of service because of a violation of this Policy. DfwOnline will not be responsible for violations of this Policy or for its failure or delay in terminating or suspending service based on violations of this Policy. Customer may, at their discretion, terminate service at anytime without penalty by giving DfwOnline 30 days written notice.  No refund of any portion of used, unused, or prepaid service will be given. (Go To Top)

5. APPLICABILITY TO END-USERS
Each DfwOnline customer is responsible for the activities of its customer base, representatives, and end-users. Customers are responsible for persons that use their account. (Go To Top)

6. REPORTING VIOLATIONS
As DfwOnline cannot monitor its products and services to assure compliance with this Policy, it must rely on the Internet community to report violations so that DfwOnline can address them. Please direct concerns to DfwOnline at 817-831-9245 or abuse@dfwonline.net

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7. COOPERATION WITH LAW ENFORCEMENT AND OTHER CARRIERS AND SERVICE PROVIDERS
DfwOnline will cooperate with law enforcement in the investigation of suspected criminal activity. DfwOnline will in its discretion cooperate with other carriers and service providers in the investigation of violations of this Policy or the service terms and conditions of such other carriers and service providers. (Go To Top)

8. UNLIMITED INTERNET ACCESS DEFINED
Unlimited Internet Access is defined as “access to the Internet at any time of the day or night, via an active DfwOnline account by any DfwOnline client (including family members and other authorized users), within the boundaries of the DfwOnline reasonable usage clause (see below)." This does not mean or imply that you are permitted to be connected 24 hours per day, 7 days per week. Any account that has been discovered to be using a ping bot, "keep-alive" program or automatic dial back system (such as E-mail, chat and streaming media programs, etc.) to maintain a full time connection will be in violation of the reasonable usage clause and will be asked to upgrade their account to a dedicated dialup account or terminate their service. (Go To Top)

9. REASONABLE USAGE CLAUSE
For the purpose of establishing the definition of Unlimited Internet Access, and in addition to the above requirements, reasonable usage by either a residential or business account is defined as a " standard account," not to exceed the total aggregate time that would normally be incurred in the course of a month by a small business owner to run their business.  Reasonable usage is defined as being connected to the internet for five hours per day for thirty days per month or the sum of any combination of hours per day that equates to one hundred fifty hours per month.  Accounts that exceed what is considered reasonable usage for any three consecutive months or have an aggregate time online exceeding five hundred total hours for any three consecutive months will be required to upgrade to a dedicated access product or their service will be terminated.  Accounts that violate this reasonable usage clause will receive notice via email and will be required to respond. If a response is not received from the account holder within 10 days of being notified it will be assumed that they wish to discontinue use of our services and their account will be terminated. (Go To Top)

10. SUPPORT SERVICES
DfwOnline.net provides support services to current subscribers for Internet connection related issues.  This is defined as issues where users are not able to connect to our system due to incorrect username, password, dialup access number and protocol related issues.   It is the subscriber’s responsibility to have a compatible modem installed in their system that is accessible through their operating system.
Our support department does not provide support for any 3^rd party applications or issues relating to using any 3^rd party products or applications in an Internet related capacity. The subscriber should contact the corresponding software vendor of the application they need assistance with or the entity that supports their computer system hardware and/or software.  DfwOnline.net may provide certain application on our setup/installation disk.  These applications are included on the CD as a convenience to our customers and in no way implies our endorsement of these products or that we will provide support for them.
Any user deemed to be abusing our support department may be subject to disciplinary action up to and including account termination. (Go To Top)

11. MODIFICATIONS
The terms of this policy are subject to change without notice. All customers assume the responsibility of keeping up with such changes. DfwOnline reserves the right to modify the Policy at any time, effective upon posting at www.dfwonline.net/policy/termsofuseagreement.htm.
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