DataPoint Terms and Conditions for use of Service

GENERAL INTRODUCTION

Continental Broadband Maryland dba DataPoint Internet and its affiliates (collectively, "DataPoint") have published these Terms and Conditions for Use of Service, (“TCUS”) in order to document the responsible use of DataPoint's networks, systems, services, Web site(s) and products (collectively, "DataPoint Services") by our customers, our customers' employees, and other users of DataPoint Services (collectively, "Users").

PLEASE READ THIS TCUS CAREFULLY BEFORE USING ANY DATAPOINT SERVICES. BY USING ANY PART OF DATAPOINT SERVICES, YOU AGREE TO BE BOUND BY THIS TCUS AS SPECIFIED BELOW. IF YOU DO NOT AGREE TO ANY PART OF THIS TCUS, DO NOT USE ANY OF DATAPOINT SERVICES.

You represent that you have read and agree to be bound by this TCUS, and that you are at least eighteen (18) years of age. DataPoint may revise this TCUS at any time by posting such revised TCUS to the DataPoint Web site(s). Your continued use of DataPoint Services means that you accept and agree to such revised TCUS. If you disagree with this TCUS (as revised from time to time), your sole remedy is to discontinue using DataPoint Services. You should visit our web site at http://www.DataPointIncs.com to review this TCUS often to be aware of any revisions.

LAWFUL USE

DataPoint Services may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, DataPoint Services shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through DataPoint must comply with the rules, regulations, terms, policies and/or conditions for such other networks. For purposes of tracking security breaches as well as general system administration, Users agree to be subject to random monitoring of activity while logged on to any DataPoint Services.

No current or former User may use programs or methods intended to, or as a possible side-effect of their use, compromise the security of any system or device on our network or any external network, or attempt to bring about a denial of any form of service on our network or any external network.

WEB COMMERCE

User acknowledges that User's use of DataPoint Services, and all associated communications and transactions conducted on-line, may not be absolutely secure, and DataPoint Services are not guaranteed to be error-free. By engaging in on-line activity, User accepts the responsibilities and risks associated with the use of the Internet generally. User understands that information available to User through the Internet may include materials that are unedited, explicit or offensive to User, and User's access to such materials is at User's own discretion and risk.

User further acknowledges that all transactions relating to merchandise or services offered by User through DataPoint Services including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms for such transactions are agreed to solely between User and third party purchasers. DataPoint makes no warranties or representations whatsoever with respect to User's goods and services, or with respect to the qualifications of any third party purchaser, and shall not be liable in any way to any such third party purchaser.

CONTENT POLICIES

Harmful Content

User shall not use DataPoint Services to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to DataPoint Services, any other network or equipment, or other Users.

Fraudulent Content

User shall not use DataPoint 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, User is prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Mail and News Program Content

In order to maintain an efficient environment for the exchange of information and opinions, DataPoint will not facilitate the transmission of harassing or mass unsolicited email in any form, and therefore such activity is strictly prohibited. Using or storing programs or methods designed to conceal the author's identity by forging header information is also prohibited. User may use anonymous re-mailers so long as they are used legally and in accordance with the policies and procedures of DataPoint set forth from time to time in DataPoint's sole discretion.

Using programs to collect email addresses from mailing lists, newsgroups or Web sites ("address harvesters" or "extractors") is strictly prohibited. Additionally, the use of any form of bulk e-mailer system to deliver unsolicited mail in any amount is strictly prohibited. The use of "opt-out" mail distribution techniques is strictly prohibited. "Opt-out" techniques require User to do something not to receive future emails from a party it never originally requested to receive email from. This includes requiring User to send email to "remove" addresses in such cases. "Opt-in" lists, where User specifically elects to receive a party's mailings, are permitted, provided ample proof exists that User actually elected to receive mail from such party.

DataPoint does not restrict news postings on the basis of content with the exceptions that postings do not contain illegal information or otherwise violate this TCUS. Posting ten (10) or more separate copies of the same message ("spamming" or "excessive multi-posting") or cross-posting a message to ten (10) or more newsgroups ("excessive cross-posting") may also be prohibited. Should User violate these rules, User may be subject to additional charges for resources spent responding to complaints, deleting unsolicited correspondence and account cancellation.

DataPoint may, but is not obligated to, block any incoming or outgoing email message that DataPoint determines, in its sole discretion, is unsolicited or otherwise violates these terms. DataPoint shall not be responsible for lost, misdirected, undeliverable or blocked email, whether in transmission or receipt.

Evidence that User is participating in any referenced prohibited activities may result in the immediate cancellation or suspension of User's account in DataPoint's sole discretion. Furthermore, DataPoint reserves the right to communicate information to User that it believes will enhance the benefits of the DataPoint Services.

SERVICE TERMINATION AND SUSPENSION

DataPoint may, in its sole discretion, terminate or suspend User's account at any time to the extent that DataPoint has reason to believe that User is acting in contravention of this TCUS noting that such termination or suspension does not release User from liability for any outstanding balance owed. User is responsible for any and all fees and costs (including, but not limited to, legal and court costs) required for collection of any such outstanding balance owed. DataPoint may delete all data, files or other information that is stored in User's account upon termination. Accounts suspended for nonpayment will be "held" for a thirty (30) calendar day period. During such thirty (30) calendar day suspension period, DataPoint will preserve the assigned user name and account storage space. If payment has not been made within thirty (30) calendar days, DataPoint may exercise its right to delete data files stored in User's account. Once an account has been deleted, the username for that account becomes available to any new User. Furthermore, User will be obligated to pay all unpaid balances and an activation fee to have service reinstated.

USE OF DataPoint MATERIALS

Materials contained in DataPoint's Web site(s) may be protected by national and international copyright and trademark laws. Except as expressly authorized by DataPoint, User agrees not to copy, reproduce, transmit, publicly display, sell, license, rent, modify, distribute, publicly perform, publish, adapt, edit, or create derivative works from such materials. Notwithstanding the foregoing sentence, User may print or download one (1) copy of the materials on DataPoint's Web site(s) on any single computer for User's personal, non-commercial use, provided User keeps intact all copyright and other proprietary notices which pertain to the material copied. Except as authorized in this paragraph, User is not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by DataPoint or any third party owner of such rights.

USE OF DataPoint SERVICE MARKS

All DataPoint names and logos and all related product and service names, service marks, trademarks, design marks and slogans are the property of DataPoint ("DataPoint Marks"). User is not authorized to display, copy, transmit, reproduce, modify or use any DataPoint Mark in any manner without the prior written consent of DataPoint. The DataPoint Web site(s) may also contain other products, services and company names that may be the intellectual property of their respective owners.

MISCELLANEOUS PROVISIONS

IP Addresses

IP addresses are not portable and are not assigned for independent administration or distribution. User understands that IP assignments are not guaranteed and may be modified as required by DataPoint and/or the American Registry for Internet Numbers (ARIN).

Servers

User agrees that any servers used in conjunction with its service will be patched and free of any and all vendor published vulnerabilities that could cause or contribute to a denial of service situation. Failure to do so may result in the termination or suspension of services as deemed to be harmful to other customers by DataPoint.

Non-Solicitation

User agrees that it will not directly or indirectly solicit the trade of, or trade with, any other User for a business purpose that would compete with any of the DataPoint Services where such solicitation is made possible only through the use of information gained by virtue of being an DataPoint customer.

Changes to Service

The DataPoint Services are expected to change from time to time as technology changes and systems are upgraded. DataPoint reserves the right to change any service offered or the features of any service offered on its network without notice, including changes to access and use procedures and all system hardware and software.

System Security

Users are prohibited from violating or attempting to violate the security of DataPoint Services, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) impersonating DataPoint personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another User's account name or persona without authorization from that User. Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for DataPoint Services. Violations of system or network security may result in civil or criminal liability. DataPoint will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Violations

User understands that DataPoint employs an abuse interface to monitor and manage reported violations of this TCUS, system or network security, any law or regulation, or other network abuses and that DataPoint may notify User of any reported violations by User. Use of DataPoint Services constitutes consent to monitoring. If User is suspected of hacking or violating network security, User may be subject to criminal and civil liability. DataPoint will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected.

Suspension; Termination; Access Restriction

User agrees that any violation of this TCUS may result in suspension or termination of DataPoint Services, without notice, at DataPoint's sole option. User agrees that DataPoint shall not be liable for any damages of any nature suffered by User or any third party resulting in whole or in part from DataPoint's exercise of its rights under this TCUS. User further agrees that DataPoint may terminate User's service if any law enforcement agency, acting within its jurisdiction, advises that DataPoint Services are being used in violation of the law.

DataPoint reserves the right, in its sole discretion, to terminate User's access to any or all DataPoint Web site(s) and the related services or any portion thereof at any time, without notice.

Violations of this TCUS may be reported at the following email address: abuse@datapointinc.com

Reselling

User may not resell DataPoint Services, or any portion thereof, or otherwise charge others to use DataPoint, or any portion thereof. Further, User will not redistribute DataPoint Services, or any portion thereof, whether or not User receives compensation for such redistribution.

Storage Capacity; Traffic and Hits

User's storage space and bandwidth utilization of DataPoint Services must remain within the storage space and bandwidth allocations associated with the access plan User has selected. User is responsible for ensuring that stored electronic mail will not exceed the allocated amount of mail storage. For Web Image and similar accounts, these allocations are set forth in the account plan selected during registration. Should User publish any Web page or site using DataPoint Services, the usage of such Web page or site must be consistent with User's access plan. Additional storage and bandwidth may be available at an additional charge. Please contact your account representative or DataPoint Customer Care at 312-577-2250 ext #4 for further details.

Accounts and Passwords

User is responsible for the security of all User ID and password information. This TCUS applies to all accounts, sub-accounts, alternative names and passwords associated with User's principal account. By enrolling for and using DataPoint Services, User accepts sole responsibility for the security and confidentiality of all User ID's and passwords. Accidental or unauthorized disclosure or use may have serious consequences, and DataPoint shall have no liability for User's failure to maintain this information securely. Additionally, User is responsible for the use of User's account(s), whether used under any name or by any person, and for ensuring full compliance with this TCUS by all users of such account(s). In the event of a breach of security through your account(s), User should immediately contact DataPoint Customer Care at 312-577-2250 ext #4.

LIABILITY DISCLAIMER

USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF DataPoint SERVICES AND THE INTERNET GENERALLY. THE MATERIALS ON DataPoint'S WEB SITE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND DataPoint DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION AND MATERIALS CONTAINED IN, ACCESSED FROM, OR VIA, THE DataPoint WEB SITE(S), SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

MATERIAL ON DataPoint'S WEB SITE(S) OR AVAILABLE THROUGH DataPoint SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. DataPoint DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE DataPoint WEB SITE(S), DataPoint SERVICES SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE DataPoint WEB SITE(S), OR THROUGH DataPoint SERVICES.

COMPLAINT RESOLUTION

In order to resolve a complaint regarding the DataPoint Services or to receive further information regarding the use of DataPoint Services, User should contact:

DataPoint Internet Services
Attn: Customer Care Department
1050 Hull Street
Suite 150
Baltimore, Maryland 60606
or via phone at 410.209.6700

ENTIRE AGREEMENT

This TCUS and the Service Agreement containing the URL for this TCUS contain the entire agreement and understanding concerning DataPoint Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. Any waiver, modification or variation of these terms and conditions shall only be effective if in a writing signed by an authorized officer of DataPoint. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ACCEPTANCE

By accepting DataPoint Services, User agrees to all of the terms and conditions contained herein.

Thank you again for choosing DataPoint as your Service Provider.