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ACCEPTABLE USE POLICY

1. USE

MERR.COM CABLE MODEM SERVICE is designed for personal and family use within a single household. Customer agrees that only the Customer and co-residents living in the same household will use the Service. The term 'single household' means the Customer's home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. Customer may not resell or distribute the Service outside Customer's household. The Service is being provided solely for use in Customer's household and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service relieves MERR.COM of any affirmative obligations it may have, and is in violation of this Policy.

Customer may set up one (1) web page per primary e-mail account for personal use using the Service, but Customer may not establish a web page using a server located at Customer's home. Customer will not use, nor allow others to use, Customer's home computer as a web server, FTP server, file server or game server or to run any other server applications. Customer will not use, nor allow others to use, the Service to operate any type of business or commercial enterprise. Customer will not advertise that the Service is available for use by third parties or unauthorized users.

MERR.COM reserves the right to disconnect or reclassify the Service to a higher grade for failure to comply with any portion of this provision or this Policy. Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer's service.

2. NO ILLEGAL OR FRAUDULENT USE

Customer will not use, nor allow others to use the Service to violate any applicable federal, state, local or international laws. Customer will not use, nor allow others to use, the Service to commit a crime, act of terrorism, or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters.

3. NO COPYRIGHT OR TRADEMARK INFRINGEMENT

Customer will not use, nor allow others to use, the Service to send or receive any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software.

MERR.COM is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify MERR.COM if they believe that a MERR.COM customer has infringed the copyright owner's work(s). If MERR.COM receives a notice from a copyright owner alleging any Customer has committed copyright infringement, MERR.COM will notify the Customer of the alleged infringement. If MERR.COM receives more than one notice alleging copyright infringement on Customer's part, Customer may be deemed a "repeat copyright infringer." MERR.COM reserves the right to terminate the accounts of repeat copyright infringers.

4. NO THREATS OR HARASSMENT

Customer will not use, nor allow others to use, the Service to transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity.

5. NO HARM TO MINORS

Customer will not use, nor allow others to use, the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials.

6. NO "SPAMMING"

Customer will not use, nor allow others to use, the Service to send unsolicited messages or materials or other forms of solicitation ("spamming"). MERR.COM reserves the right, in MERR.COM’S sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials.

7. NO "HACKING"

Customer will not use, nor allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems ("hacking") or to cause a disruption of the Service to other on-line users. Customer will not use, nor allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.

8. NO SYSTEM DISRUPTION

Customer will not use, nor allow others to use, the Service to disrupt MERR.COM network or computer equipment owned by other MERR.COM customers. Any static IP address must be authorized and provisioned by MERR.COM. Customer also agrees that Customer will not use, nor allow others to use, the Service to disrupt other Internet Service Providers or services, including but not limited to e-mail bombing or the use of mass mailing programs.

9. NO IMPERSONATION OR FORGERY

Customer will not, nor allow others to, impersonate another user, falsify one's user name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. Customer will not, nor allow others to, forge any message header of any electronic transmission, originating or passing through the Service.

10. NO ABUSE OF NEWSGROUPS

Customer will not, nor allow others to, post a similar item to more than six (6) newsgroups or mailing lists. Customer will not, nor allow others to, post or transmit any private, third party e-mail to any newsgroup or mailing list without the explicit approval of the sender.

11. NO EXCESSIVE USE OF BANDWIDTH

If MERR.COM determines, in MERR.COM sole discretion, that Customer is using an excessive amount of bandwidth over the MERR.COM network infrastructure for Internet access or other functions using public network resources, we may terminate Customer's account at any time and without notice, or require Customer to upgrade Customer's service level and pay additional fees in accordance with our Pricing Schedules.

12. NO "VIRUSES"

Customer will not use, nor allow others to use, the Service to transmit computer "viruses," worms, "Trojan horses" or other harmful software programs. Customer will use standard practices to prevent the transmission of such viruses or other harmful software.

13. REVISIONS TO POLICY

MERR.COM reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of the policy. Notice of modifications to this Policy may be given by posting such changes to MERR.COM homepage, by electronic mail or by conventional mail.

SERVICE RULES:

1. Equipment Needs for Provision of the Service

To use the Service, Customer must have a personal computer, a network interface, a modem and software.

1.1 Computer Equipment: The personal computer that Customer uses to access the Service must meet minimum configuration standards.

MERR.COM does not support third-party hardware, including but not limited to home networks. Any questions concerning third-party hardware should be directed to the manufacturer of that hardware product unless Customer believes the problem is related to the installation of the Service.

1.2 Network Interface: When MERR.COM installs the Service, Customer will need a network interface card or adapter.

1.3 Cable Modem: Customer may purchase or lease the cable modem. If Customer leases the modem, Customer must return it to us at the end of the lease period.

2. General Subscriber Responsibilities

Customer must comply with the terms of the Acceptable Use Policy.

3. Disclaimer of Warranties and Limitation of Liability

3.1 No Warranty: Customer agrees that Customer uses the Service and any software and equipment supplied by MERR.COM at Customer's sole risk. The Service and MERR.COM equipment are provided on an "as-is basis," without warranties of any kind, including without limitation any warranties of non-infringement, fitness for a particular purpose and merchantability. MERR.COM does not warrant uninterrupted use of Service. MERR.COM does not warrant that the Service will be error-free, free of viruses or other harmful components. MERR.COM does not warrant that any data or files Customer sends or receives via the Service will be free from unauthorized access by others or that other users will be unable to gain access to Customer's computer.

3.2 Limitation of Liability/Exclusive Remedy: MERR.COM’S entire liability and Customer's exclusive remedy with respect to the use of the Service or its software and equipment or any breach by MERR.COM of any obligation MERR.COM may have under this agreement shall be Customer's ability to terminate the Service or to obtain the replacement or repair of any defective software or equipment. In no event shall MERR.COM liability to Customer for any claim arising out of this Agreement exceed the amount paid by Customer to access and use the service for a period of three months.

In no event shall MERR.COM be liable for any breach of warranty, direct, indirect, consequential, exemplary, special, lost profits, or punitive damages with regard to the installation, outage, maintenance, use, failure or removal of the Service.

3.3 Right of Entry and Damage to Customer's Home or Business Computer During Installation: Customer agrees to permit MERR.COM to enter Customer's home and property at reasonable times to install, connect, disconnect, repair or inspect the equipment used to provide the Service. MERR.COM will not enter Customer's home to install or repair Customer's cable system unless an adult is present in Customer's home at the time of the service call. MERR.COM shall not be liable for any damage, loss or destruction to Customer's home or Customer's computer equipment during installation, including but not limited to any damage to, or loss or destruction of, any hardware, software, files or data.

3.4 Damage to Equipment Owned by MERR.COM: All equipment provided by MERR.COM shall remain its sole property throughout the term of this Agreement. Customer agrees that Customer will not sell, transfer, lease, assign or otherwise encumber any equipment leased by MERR.COM to Customer. Customer agrees to pay the full retail cost for the repair or replacement of any lost, stolen, damaged or unreturned Equipment, together with any costs incurred by MERR.COM in obtaining or attempting to regain possession of leased equipment.

3.5 Force Majeure: Customer agrees that MERR.COM will not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Service.

3.6 Mailbox Deactivation: Customer agrees that if Customer does not access a MERR.COM mailbox for a period of six months, MERR.COM may deactivate the mailbox. Customer understands that MERR.COM will delete the contents of the mailbox, if any, at that time. After that time, Customer may still retain the e-mail address and reactivate the mailbox at any time.

4. Indemnification

Customer agrees to indemnify and hold harmless MERR.COM from any claims brought against MERR.COM related to Customer's use of the Service or the violation of the Acceptable Use Policy or the Privacy Policy. Customer agrees to pay any attorneys' fees incurred by MERR.COM in bringing any action related to the Service or a breach of the terms of this Agreement.

5. Termination of Service

5.1 Customer's Right to Terminate the Service: Customer may terminate the Service at any time by calling Customer's local customer service department. Upon termination, Customer agrees to pay any outstanding account balance and Customer will return any leased equipment to MERR.COM within thirty (30) days of termination of account. If Customer does not return leased equipment within thirty (30) days of the date of termination of Customer's account, MERR.COM will add a charge to Customer's account balance for the full retail value of the leased equipment, which Customer failed to return.

5.2 MERR.COM’S Right to Terminate the Service: MERR.COM may terminate or disconnect the Service at any time without prior notice if MERR.COM believes in its sole discretion that Customer has:

(a) Failed to pay Customer's bill when due. If Customer is disconnected for failure to pay, Customer may be charged a disconnection and/or a reconnection fee.

(b) Violated the Acceptable Use Policy;

(c) Violated any other provision of this Service Agreement.

5.3 Rights Upon Termination: In the event that Customer's account is terminated or cancelled, no refund, including any fees Customer paid to MERR.COM, will be granted; no online time or credits (for example, points in an online game) will be credited to Customer, nor can it be converted to cash or another form of reimbursement. Moreover, MERR.COM will not be responsible for the return of data stored on our servers, such as web and e-mail servers.

Customer agrees that MERR.COM has no obligation to visit Customer's home upon termination to reconfigure Customer's computer.