ConnectTime DSL Terms and Usage Agreement

Information Disclaimer

North Pittsburgh Telephone Company (NPTC) cannot be held responsible for incorrect information. Neither NPTC nor its information providers shall be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or outdated information, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from.

NPTC does not, under normal circumstances, monitor or edit the content on any website, newsgroup, email transmission, or other material posted or transmitted through ConnectTime DSL connections. However, NPTC may remove, at its discretion, content that may be illegal and/or in violation of the NPTC Acceptable Use Policy. Violation of this policy, in any form, may result in suspension and/or termination of ConnectTime DSL services. By registering for or accessing ConnectTime DSL service, the user agrees to the terms and conditions specified in this document. NPTC reserves the right to modify this document at any time, with the condition that changes will be published on the ConnectTime Web Site - http://www.connecttime.net

Unacceptable Use

Unacceptable use of service includes, but is not limited to:

• Violations of U.S. export control laws
• Probing hosts or networks without authorization from the administrator of the system
• Interference of the service of another user or network, including deliberate attempts to overload a server, create damage, or to cause disruption of service
• "Spamming," or the unsolicited, electronic mass mailing of items
• Distribution of unsolicited marketing, advertising, or personnel recruiting materials
• Forging electronic mail headers, in an attempt to conceal your identity on NPTC's systems
• Abuse resulting from any compromised subscriber system [ for example: a virus/trojan infected system, an improperly configured proxy or mail server] may result in suspension of account access without prior notification to the subscriber.

ConnectTime DSL [Digital Subscriber Line] Restrictions

ConnectTime DSL Subscribers agree not to host any server in conjunction with DSL connectivity. In the event that a subscriber attempts to host a server on the NPTC network, without consent from North Pittsburgh Systems Administration and/or in the absence of a signed Business contract, NPTC may suspend/terminate DSL services and/or increase fees associated with the user's DSL agreement without notice. Exceptions to this policy may be granted assuming that the subscriber makes his request in writing, listing the following details:

Software to be installed and run on server.

• Purpose of server (testing, educational, telecommuting to office, etc.).
• Statement that any server connected to said DSL line will not be used:
  • To run any business or gain any profit
  • With the intent to allow open mail relay
  • With the intent to distribute unsolicited mass email (spam)
  • To run an open proxy server
  • In a manner which consumes an excessive amount of bandwidth on NPTC's network and/or systems as determined by NPTC at its sole discretion.

The subscriber agrees that NPTC may request at its discretion, at any time during the length of service, the removal of any server or system connected to the DSL line. This request may be made verbally or in writing.

If said request is not responded to within the requested time period or if NPTC is unable to contact the subscriber to make said request, NPTC may, at its discretion, suspend DSL access immediately. If service is suspended, reactivation of service may take up to 2 weeks. NPTC is not liable for any monetary loss resulting from suspension of service.

Illegal Use

The following are in violation of acceptable use of ConnectTime DSL and all related services: accessing any NPTC ConnectTime DSL service in such a manner that knowingly or unknowingly violates any local, state, national, or international law. ConnectTime services may not be used in such a manner that will violate any law, trademark, or privacy right.

Copyright Notification

Subject to and in accordance with current provisions under the Digital Millennium Copyright Act NPTC is in compliance with U.S. Copyright laws, in accordance with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (DMCA) requires that NPTC take specific action upon notification of infringement of copyright. NPTC subscribers and non-subscribers must comply with DMCA, in connection with any ConnectTime DSL service or function, including but not limited to written and unwritten communications. NPTC provides for immediate termination or denial of service for any individual infringing the copyright of another party.

Copyright representatives may contact NPTC to report infringement of copyrighted material(s) hosted or connected by NPTC or its associated organizations. NPTC will, with receipt of written complaint and in compliance with the requirements of the DMCA, withdraw or cease access to infringing material. If the subscriber complies with DMCA counter-notice provisions, NPTC will inform the party(s) alleging infringement that materials and/or connection(s) will be restored unless the party(s) alleging infringement receives and presents a court order preventing such action.

Copyright Infringement Contact

NPTC provides copyright information for informational purposes. NPTC will not offer legal advice and/or counsel with respect to copyright law. Notification of infringement and/or any counter of notification must include all necessary information, identification, and signatures, in accordance with the DMCA. Furthermore, NPTC acts on behalf of the DMCA and will not act in representation to any party. If you believe that material, either written or unwritten are in violation of your rights under U.S. copyright law, please submit any complaint of infringement via the agent information below. Under DMCA, misrepresented claims of infringement may include liability for materials and costs incurred, resulting from removal or access denial to alleged copyright infringement. Further, U.S. copyright law provides penalties for false counter notice in response to copyright infringement notification.

NPTC Copyright Agent Contact:

Liability Disclaimer

NPTC neither makes nor guarantees any expressed or implied warranties of ConnectTime DSL service or equipment, including but not limited to implied warranties of merchantability or fitness for a particular purpose. The user hereby acknowledges and agrees that NPTC shall not be responsible for any failure of user's transmissions beyond the control of NPTC. Examples of such failures may include, but are not limited to: natural disasters, labor problems, failure of recipients equipment, incompatibility of recipients equipment, failure of data line provider's equipment, delay in the installation or provisioning process of services, or interruptions in service caused by the customer. NPTC hereby excludes any and all warranties, expressed or implied, written or verbal, including warranties of merchantability or fitness for a particular purpose, and the user agrees to the exclusion of warranties. The user agrees that the ConnectTime DSL connection and any other information obtained through NPTC services is accepted at the subscriber's own risk. The user shall hold NPTC harmless against any and all liabilities, damages, and costs, including attorney fees resulting from any claims or actions asserted by any third parties that arise through use of the ConnectTime DSL connection.

Service Modifications

NPTC reserves the right to modify services in lieu of technological updates. NPTC reserves the right to modify your service or features thereof offered through the NPTC systems. Technological or procedural changes, including routine system upgrades may occur without notice to the user.

Telephone Charges/Free ConnectTime DSL Dial-up Account

It is the responsibility of the user to verify that the dial-up number selected to access a free ConnectTime DSL dial-up account is toll-free. NPTC is not responsible for toll charges incurred while accessing any ConnectTime DSL dial-up account.