BuffNET's TERMS OF USE

Ensure security, reliability and integrity of BuffNET's systems and network, the systems and networks of BuffNET's customers and the networks and systems of others.

Avoid situations that may cause BuffNET to incur civil or criminal liability.

Maintain the image and reputation of BuffNET as a responsible provider.

Preserve the value of Internet resources as a conduit for free expression.

Encourage the responsible use of net resources, and discourage practices which degrade the usability of network resources and thus the value of Internet services.

Preserve the privacy and security of individual users. The Acceptable Use Policy below defines those actions which BuffNET considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to BuffNET customers. If you are unsure whether any contemplated use or action is permitted, please send mail to custserv@buffnet.net and we will assist you.

1.

BuffNET is an Internet Service Provider. A privately owned company providing Internet access for residential and business use.

2.

MASC refers to Marketing and Advertising Services Center Corporation, parent company and owner of BuffNET.

3.

Member refers to a person who receives Internet access from BuffNET.

4.

Internet means the World Wide Web, Electronic mail, Newsgroups, TELNET, Gopher, WAIS, File Transfer Protocol, and the like; and includes MASC's/BuffNET's Website.

5.

Information means text, graphics, designs, video, sound, computer programs or code, and other materials available on or through the Internet.

6.

Post or Posting means information member sends, receives, displays, transmits, uploads, downloads or otherwise handles on the Internet or member's BuffNET account(s).

7.

Website means information available for display on the World Wide Web.

8.

Member promises s/he is an individual at least 18 years of age.

9.

Member agrees to pay BuffNET's fees, including any sales and use taxes, in advance by major credit, debit or charge card, check, check-by-phone, money order or purchase order. Arrears will carry an 18% APR finance charge.

10.

The services BuffNET will provide under this Agreement are for Member's personal use, are provided AS IS and AS AVAILABLE. That means BuffNET does not promise you will be able to get on the Internet at any particular time. If access to the Internet is vital (like if you day trade, or bid on auctions, or need time sensitive Information), you should be sure to have other means of accessing the Internet in addition to BuffNET at all times.

11.

This Agreement shall be terminable at will. MASC may at any time, without notice or liability, change or eliminate any BuffNET content, or restrict the use of any portion of BuffNET, including limiting the time of its availability, the amount of use permitted, or which Members are permitted to use it. Any changes or restrictions may be applied regardless of whether a multiple month Membership has been purchased or an advance payment of the monthly service fee has been made.

12.

Member agrees to provide all telephone, computer, hardware and software equipment and services necessary to access the Internet. Member agrees to either (a) be familiar with the use of the Internet, its languages, protocols, and software or (b) promptly learn the same, whether through paid instruction or consultation from BuffNET or otherwise. Member further acknowledges that BuffNET may only provide instruction and/or support for Internet access through BuffNET. Instruction or support for specific software programs must be obtained through other means.

13.

BuffNET's Internet access is intended for use on a properly functioning computer or Internet appliance. BuffNET will provide specific configuration instructions and/or software which Members should use and follow exactly in order to establish an Internet connection. Should Members choose to deviate from given instructions in any way, BuffNET assumes no liability for loss of data or system malfunctions if any occur.

14.

Member will keep adequate back up copies of its Postings and Information, so that if what is on BuffNET's system is either lost or damaged, Member will not be harmed thereby.

15.

If BuffNET believes, in its sole discretion, in good faith, that any Information Member has Posted, or which is in Member's account, is a mass e-mail solicitation, illegal, obscene, or indecent; or that immediate action is necessary or appropriate to maintain the value of BuffNET's trademarks, or its own compliance with the law, such as (but not limited to) the Communications Decency Act or criminal statutes, BuffNET may immediately block, filter, remove the Information from, or refuse to display the Information on, its Internet server.

16.

Notwithstanding these rights, nothing herein shall be construed to mean that BuffNET is monitoring Member's Account or Postings; nor that BuffNET is an editor or publisher of the Account or Postings; nor that the Account or Postings is under the control of BuffNET.

17.

BuffNET offers non-metered "attended" access to the Internet, for it's Members. The running of Client modules (i.e. email programs) that create usage activity from Dial-Up accounts when no user is present is prohibited. This usage keeps connections and resources active without a user being present and does not release BuffNET resources for use by other Members. When BuffNET detects these "repeating" modules, the connection will be immediately terminated. Repeated offenses of this nature will cause notification to be given to the Member and is cause for BuffNET to terminate an account with or without a refund. If you have requirements for dedicated or extended connection to the Internet, please contact sales@buffnet.net for information on how this may be accomplished.

18.

Members are prohibited from transmitting on or through any of the BuffNET services, any material that is, in BuffNET's sole discretion, unlawful, threatening, abusive, libelous, hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

19.

BuffNET services may only be used for lawful purposes. Receipt, transmission, distribution, or storage of any information, data or material in violation of regulation or law is prohibited. This includes, but is not limited to, copyright, trademark, trade secret, and libel laws. Member is responsible for the legality, truth and accuracy of Member's Postings. BuffNET reserves the right to remove material it suspects is illegal from its servers.

20.

The services are for Member's use, and are provided AS IS and AS AVAILABLE. Member acknowledges that the Internet is not owned or controlled by anyone; that the Internet is subject to human errors, random atmospheric and geographic interference, and acts of God. BuffNET therefore makes no guarantee that Member will be able to access any particular part of the Internet at any given time.

21.

MEMBER AGREES THAT BuffNET SHALL NOT BE LIABLE TO MEMBER FOR NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT OF THIRD PARTIES NOR FOR BuffNET's OWN NEGLIGENCE OR RECKLESSNESS. MEMBER AGREES THAT BuffNET SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF INFORMATION OR PROFITS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEMBER PROMISES NOT TO SUE BuffNET FOR PUNITIVE DAMAGES. Member 's SOLE AND EXCLUSIVE REMEDY shall be limited to the workmanlike correction, in the ordinary course of business, of BuffNET's intentional errors at no charge. In the event the above "Sole And Exclusive Remedy" is not enforceable, then MEMBER AGREES THAT BuffNET'S LIABILITY FOR ANY PARTICULAR CLAIM SHALL NOT EXCEED THE AMOUNT MEMBER PAID BuffNET FOR THE PARTICULAR SERVICE UPON WHICH THE CLAIM IS BASED, (for example, refund of the monthly fee for the month in which the claim occurred) INCLUDING SERVICES PROVIDED PURSUANT TO REQUESTS FOR QUOTATION (IF ANY) AND MEMBER PROMISES NOT TO SUE BuffNET FOR A GREATER AMOUNT.

22.

Member is responsible for keeping billing data with BuffNET up-to-date and accurate. Furnishing false data upon signup, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

23.

The resale of BuffNET products and services is not permitted, unless specifically authorized and documented in a written agreement.

24.

This Agreement does not constitute a partnership or joint venture between BuffNET and Member. Member is not the representative or agent of BuffNET and BuffNET is not the representative or agent of Member and neither will so hold itself out publicly or to any third party or incur any liability for the other, it being understood and agreed that the parties hereto are entering into this Agreement as independent contractors.

25.

Members may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Member, logging into a server or account the Member is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).

26.

Members may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

27.

Members may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

28.

Users who violate systems or network security may incur criminal or civil liability. BuffNET will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

29.

Member understands that the Internet is not a secure medium for the exchange of proprietary Information or funds. Member assumes all responsibilities related to maintaining the security of its Information and equipment.

30.

Nonetheless, BuffNET's "server" computer will be configured to allow Member to use the Secure Sockets Layer (SSL) technology available with the latest release (as of the date hereof) of Netscape's Navigator browsing software. Member acknowledges that SSL is only one way to encrypt data, and that means other than encryption may be available to protect data. Member also acknowledges that SSL will not work if Member's browser software has not been set up to use it. Nonetheless, Member acknowledges that neither MASC nor the Internet guarantee privacy for communications on the Internet, whether exchanging financial, personal or other data with websites or otherwise.

31.

Member also acknowledges that Information needs protection beyond the time it is being exchanged between the Internet and Member. For instance, the way Member stores files on its computer could make the Information unprotected once transfer has occurred. In the extreme, theft of the computer itself could lead to unauthorized use of Information.

32.

Member agrees to notify BuffNET promptly of any actual or suspected breach of security or unauthorized use of its account(s). Breach of this provision is material.

33.

BuffNET makes no warranty as to the safety of Information on the Internet, during transmission or while stored, even if on BuffNET's computers.

34.

BuffNET dialup accounts are intended for use by an individual human being. Multiple concurrent logins are prohibited, and will be logged off immediately upon detection. Users of 'user mode IP' programs (such as TIA) may use one additional login via telnet in addition to the initial login. Shell account users may not run programs which provide network services from their accounts, such as IRC or MUD servers.

35.

BuffNET accounts are intended for interactive use. Attempts to circumvent the 'idle daemon' or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited.

36.

BuffNET accounts operate on shared resources. Members are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of BuffNET systems or networks is prohibited, and BuffNET staff may take action to limit or terminate such programs. If you have requirements to use high resource utilization programs, please contact support@buffnet.net for assistance on how BuffNET can accommodate your requirement, without degradation of service.

37.

Password security is the responsibility of the individual user. Good passwords should be a minimum of six characters long, contain at least one number or symbol, and are not based on any dictionary word or common name. Members may not share passwords or accounts with others. BuffNET does not know or have a record of your password. If you have forgotten your password or need it changed, BuffNET can reset your password by assigning a new one.

38.

While BuffNET accounts are accessed using telephone lines, BuffNET is not a provider of telephone service, does not bill for its services through any telephone companies, and is not in any way affiliated with such companies. BuffNET will provide telephone access numbers to its Members which are, to the best of BuffNET's knowledge, local telephone calls. It is the sole responsibility of the Member, however, to determine whether BuffNET's access telephone numbers are local telephone calls. BuffNET will not be responsible for any long distance, metered or other charges incurred by members.

39.

Harassment, whether through language, frequency, or size of messages, is prohibited. Sending illegal, obscene, or indecent Information; or using language that is threatening, abusive, vulgar, or discourteous, is prohibited.

40.

Members may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Member must not send that person any further email.

41.

Members are explicitly prohibited from collecting or "harvesting" screen names of BuffNET members or Internet users without their express prior permission, and from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and religious or political tracts. Such material may only be sent to those who have explicitly requested it.

42.

Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.

43.

Forging header information is not permitted.

44.

BuffNET accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of BuffNET or that other provider.

45.

E-mail is the primary method of contact BuffNET shall have with its members. Email from BuffNET to its members shall only be sent to their BuffNET account. Members are therefore responsible for any information contained in e-mail sent to their BuffNET account.

46.

Postings to USENET newsgroups must comply with the written charters or FAQ's for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQ's explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup prior to posting to it. Posting illegal, obscene, or indecent Information and posting language that is threatening, abusive, vulgar, or discourteous is prohibited.

47.

Members are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam").

48.

Members are prohibited from posting binary files to newsgroups not specifically named for that purpose.

49.

Members are prohibited from canceling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.

50.

Members are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

51.

A Member may not solicit mail for any other address other than that of the Member's BuffNET account or service or collect replies after BuffNET service has been terminated. Nor may Members collect or "harvest" screen names of BuffNET members or Internet users without their express prior permission.

52.

BuffNET is not liable for the content of any communications made on IRC. BuffNET reserves the right to ban from IRC usage any Member whose conduct is, in BuffNET's sole judgment, inappropriate or disruptive.

53.

IRC robots ("bots" or "clones") may not be run from BuffNET shell accounts or on the BuffNET server.

54.

Members are prohibited from using IRC scripts or programs that interfere with or deny service to other users on any server or host. Members are also prohibited from engaging in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to fill the screens of others), "flashing" (disrupting terminal emulation), "takeovers" (forcibly seizing operator privileges), attempting to send private messages to those who do not wish to see them (via "ignore"), attempting to return to a channel after being banned from it, and other disruptive behaviors.

55.

Pursuant to our privacy policy, BuffNET may use or disclose all Information or records to satisfy any law, regulation, or other governmental request or to properly operate its Internet Server and protect itself and its Members.

56.

Hours of Operation for BuffNET Customer Service are from 8am-5pm Eastern Time Monday through Friday.

57.

Hours of Operation for BuffNET Technical Support are 8:00AM - 12:00PM and 1:00PM - 5:00PM Eastern Time Monday through Friday at (716) 825-0626, with live representatives available for telephone service.

58.

BuffNET shall operate its Call Centers during these hours with appropriate staffing as conditions permit.

59.

Any business shall be conducted through telephone, postal mail, or electronic mail correspondence. Walk-in service is not provided.

60.

Member acknowledges that use of language that is profane, obscene, threatening or abusive towards BuffNET's representatives may result in termination of service and possible legal action.

61.

BuffNET reserves the right to suspend or terminate Customer's Website or to require the removal of links or other content on or through Customer's Website if BuffNET, in its sole discretion, decides any Information on Customer's Website is objectionable, offensive, unprofessional, immoral, unethical, in poor taste, illegal, obscene, or indecent.