Logonix Corporation Acceptable Use Policy

Effective Date:  August 2, 2007

Introduction

This document is our official Acceptable Use Policy (AUP). It explains what behaviors and uses are acceptable or unacceptable in order to help protect our services, our customers, and the Internet community from irresponsible or illegal activities.

Subscribers who abuse or violate our standard policies are subject to suspension or termination of the use of our networks and services at our discretion. Additionally, appropriate authorities may also pursue criminal action if illegal activity is involved.

This official document supersedes any other published or verbal explanation of our acceptable use policies. This document will be published in its entirety at our website at http://www.logonix.net/aup/, and it will be considered the active version of our policy in force at the time of its publication on our website.

Warranties/Disclaimers

We offer you access to the Internet. The Internet is not owned, operated, managed, nor in any way affiliated with us or our affiliates. The Internet is a separate network of computers and devices independent from our network and services. Your use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Access to the Internet may be dependent upon numerous factors, technologies, and systems, many of which are beyond our authority and control.

We make no warranties, express or implied, including but not limited to, those of merchantability or fitness for a particular purpose. This includes but is not limited to the loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions regardless of cause. Use of any information obtained through our network is at your own risk. We specifically disclaim any responsibility for the accuracy or quality of information obtained through our services. We will not be financially liable to you for any harm that may occur through your use of our services, regardless of whose fault it may be.

When using our services you may be permitted to purchase goods, services, or otherwise receive charges from third parties. You are responsible for all activities and charges incurred.

Routine maintenance, periodic repairs, upgrades, and reconfigurations are required and typical of any network system. Such maintenance of our systems may occasionally result in temporary impairment or interruption of our services. As a result, we do not guarantee continuous or uninterrupted service. Prior to planned maintenance we may make reasonable attempts to publish warnings for potential service interruption, but we reserve the right from time to time to temporarily reduce or suspend service without notice.

Indemnity

You will indemnify us, our affiliates, our officers, our directors, our licensees, and our licensors from any and all claims and expenses, including but without limitation to reasonable attorney’s fees arising from your breech of any provision of our acceptable use policy.

Security

We recognize and protect your fundamental right to privacy as our customer: we will not disclose to any unauthorized third parties any confidential information that you provide to us; however, we do reserve the right to reference you as a customer for marketing purposes. We also will provide information to law enforcement authorities in cooperation with investigations into illegal activities when presented with appropriate orders by the authorities.

We do not guarantee that any communications with our public servers or through our networks are truly secure. However, we take reasonable measures to limit the exposure of certain customer information such as passwords.

We also may utilize network devices and implement policies to detect, weaken, or prevent security problems created by worms, viruses, denial-of-service attacks, etc. but do not guarantee that such devices or policies will fully protect you, your data, or your equipment.

Personal Files

You may store files or email messages on our servers to which you have been granted access, but we are not responsible for backup of such files or email messages. We reserve the right to delete or remove personal files you have placed on our systems. We are also not responsible for any data loss which you may incur while your systems are connected to our networks, even if the data loss is due to an attack upon your systems through the network service connection which we are providing to you.

Service Sharing

It is your responsibility to ensure that no unauthorized access is made through your equipment to our network. We want to avoid theft-of-service situations where our services are being used by parties whom we have not explicitly authorized. We may help you resolve a theft-of-service issue that occurs without your knowledge; however, we reserve the right to suspend or terminate your service and pursue criminal action in the event that we find you have purposely shared your connection without our authorization.

You may not give out your account names or passwords to our servers for use by friends or others. This is also considered a violation of the terms of this policy.

Resale, lease, rental, and/or reassignment of our connection and hosting services is strictly prohibited.

Network Addresses

We may assign an IP address to you according to both our industry’s best practice guidelines and our own established guidelines. We retain ownership of any IP address we assign to you for use with our services and you will cease to use the assigned IP address if your use of our service is terminated. We may from time-to-time alter IP address assignments as needed and may attempt to provide adequate prior notice to you when such changes are to be made.

Compliance with All Laws

Logonix Corporation offers you access to the Internet. Your use of the Internet and our interconnecting networks is solely at your own risk. You may only use the Internet and our services for lawful purposes. Your use of the Internet and our services is subject to all applicable local, state, national, and international laws and regulations.

Unacceptable Conduct

The Logonix Corporation networks and services may be used for lawful purposes only. Unlawful or abusive conduct includes but is not limited to the following:

Compliance with Rules of Other Networks

When you access other networks and services through our network you must comply with the rules and acceptable use policies appropriate for those other networks and services. We exercise no control over the content of the information passing through such networks.

Monitoring and Privacy

Logonix Corporation reserves the right to, from time to time, monitor your activity on our networks in order to help ensure network quality and reliability, to investigate reported abuses, and to cooperate with law enforcement authorities.

Cooperation with Authorities

Logonix Corporation will cooperate with legal authorities during investigations and evidence collection and will comply with applicable law regarding monitoring, interception, message or packet retention, and log archival. Furthermore, we may involve law enforcement for any illegal egress or transaction that a subscriber may attempt while using our provided services.

Right to Suspend or Cancel Service

We are operating a private business and are not subject to the same legal regulations to which public utility companies or public telecommunications carriers are subject, and we are not required to provide you with service. We provide you service according to our agreement with you and bound by our policies.

All equipment fees and activation fees are non-refundable and any such fees are due along with the first full or pro-rated monthly charge prior to service activation. Billing for the service will begin on the date the connection is activated, or in the event that we have provisioned a local loop billing will begin on the date that we are ready to activate the service.

After fulfillment of an initial contract term our contract will automatically renew for successive 30 day periods until terminated by either you or us at least 30 days prior to the then current date of termination. We reserve the right to change our rates for any renewal term by notifying you at least 60 days in advance of the effective date of the rate change.

We will send monthly invoice reminders via your Logonix Corporation email account. We will generate invoices on the first day of each month for all amounts due for your service. All payments are due within 10 days of the date of the invoice unless otherwise indicated. All payments required by us are exclusive of any nation, state, municipality, or other government excise, sales, value-added, and occupational taxes and other levies, all of which you are responsible for and will pay in full, other than taxes based on our net income.

You will be in default if payment is not received within 10 days of the invoice, and in addition to our other remedies we may charge you an interest rate equal to the maximum amount permitted by the law State of Illinois. A 5% late fee is applied to accounts not paid within 10 days of the invoice date by the close of the business day. All accounts 10 or more days past due will be considered delinquent and we may suspend or terminate service. If your account becomes delinquent then a reconnect fee and tax (when applicable) will be applied to your account and the service will not be restored until your account is paid in full.

In the event that you move the location of your service connection you may incur additional reconnect and installation fees.

For returned checks we will apply a $25.00 return check fee to your account, turn the matter over to our attorneys for litigation in small claims court, and suspend or terminate your service.

Failure to return equipment at service termination according to the requirements in your service contract will result in additional fees to your account.

Rights to Damages

In the event that you violate this acceptable use policy and cause Logonix Corporation significant economic harm we may claim economic damages and pursue legal action. Logonix Corporation also reserves the right to apply charges we deem appropriate to your account and/or terminate your service if we find that you have abused or neglected equipment owned by us but supplied to you for your use of our services.

Right to Modify or Change Service

Logonix Corporation reserves the right to change this acceptable use policy as needed. We recognize our obligation to promptly inform you about any such changes. You must provide a written protest of the changes to our office within 30 days; otherwise you have tacitly agreed to abide by the acceptable use policy. If you cannot agree to abide by the enacted acceptable use policy then your sole recourse is to cancel your service with Logonix Corporation according to the terms of your service contract.

For More Information

Please contact us if you have any questions regarding this acceptable use policy.

Business Office Hours:
Monday through Friday from 8:00AM 12:00PM and 1:00PM to 5:00PM

Business Office:
Logonix Corporation
527 East Grant St.
Macomb, IL 61455

Mail:
Logonix Corporation
PO Box 525 Macomb, IL 61455

Other:
Phone: 309-836-7343
Fax: 309-836-2430
Web: http://www.logonix.net/

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