BigCity Networks, Inc. and its affiliates (collectively, "BCN") have formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of BCN's networks, systems, services, Web sites and products (collectively, the "BCN Network and Services") by our customers and other users of the BCN Network and Services (collectively, "Users"), and to enable us to provide Users with secure, reliable and productive services. By using the BCN Network and Services, Users consent to be bound by the terms of this AUP. BCN reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the BCN Network and Services after such modification shall constitute acceptance of such modification.

Suspension; Termination. Any User which BCN determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if BCN deems it necessary, immediate suspension or termination of such User's service without notice. BCN may take such further action as BCN determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and BCN shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from BCN's exercise of its rights under this AUP.

Prohibited Conduct.

In General. The BCN Network and Services must be used in a manner that is consistent with the intended purpose of the BCN Network and Services and may be used only for lawful purposes. Users shall not use the BCN Network and Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the BCN Network and Services or other BCN customers ; or (c) that may expose BCN to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this AUP or another provider's AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider's AUP.

Inappropriate Content. Users shall not use the BCN Network and Services to transmit, distribute or store material that is inappropriate, as reasonably determined by BCN, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Intellectual Property. Material accessible through the BCN Network and Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the BCN Network and Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the BCN Network and Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party.

Harmful Content. Users shall not use the BCN Network and Services to transmit, distribute or store material that may be harmful to or interfere with the BCN Network and Services or any third party's networks, systems, services, or Web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses.

Fraudulent/Misleading Content. Users shall not use the BCN Network and Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Email and Unsolicited Messages. Users shall not use the BCN Network and Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints ("spam"). Further, Users are prohibited from using the service of another provider to send spam or to promote a site hosted on or connected to the BCN Network and Services. In addition, Users shall not use the BCN Network and Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data. Please see our unsolicted commerical email policies concerning the blocking of suspected spam email.

Third Party Rules; Usenet. Users may have access through the BCN Network and Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements.

Termination of Services. All customers must provide 30 days written notice (email is acceptable to accounting@bigcity.net) to cancel services. If a contract is still active, the customer will be responsible for termination penalties as outlined in their contract.

Consent to Monitoring. By using the BCN network, any of BCN's servers, access circuits, co-location, or any other service provided by BCN, Users consent to the monitoring of their activities while using said services by BCN. BCN shall, at its sole discretion, monitor activities on BCN's network and/or services to 1) prevent unlawful activities, 2) protect itself, or 3) protect its users. In the event BCN detects unlawful activity, BCN shall provide such information to the appropriate law enforcement agency. If the user does not wish to provide consent to monitoring, then the User shall cease using all BCN services immediately. This is the only notice BCN is required to provide to Users to notify Users of their Consent to Monioring.

Inappropriate Actions. Users shall not use the BCN Network and Services to conduct activities that may be harmful to or interfere with the BCN Network and Services or any third party's networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the BCN Network and Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. BCN will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity. If the User does not wish to provide consent to monitoring, then the User shall cease using all BCN services immediately.

Responsibility for Content. BCN takes no responsibility for any material created or accessible on or through the BCN Network and Services. BCN is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that BCN becomes aware that any such material may violate this AUP and/or expose BCN to civil or criminal liability, BCN reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. BCN further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that BCN deems responsible for the wrongdoing.