SureWest - Acceptable Use Policy

The Customer's SureWest account provides access to a vast array of networks and services around the world such as the World Wide Web, electronic mail, and newsgroups. Generally, your ability and freedom to access and use these services and networks is almost unlimited. However, the Internet is sufficiently complex that a number of unique situations often pose themselves. This document addresses them. SureWest provides a variety of Internet Services to Customers, allowing them to connect to our high-speed backbone network and the Internet. This Acceptable Use Policy ("AUP") sets forth guidelines for acceptable use of the SureWest network. All users of the SureWest network are required to comply with this AUP. This document is considered a material part of your Agreement with SureWest.

In situations where data communications are carried across networks of other Internet Service Providers (ISPs), users of the SureWest network must also conform to the applicable acceptable use policies of such other ISPs.

SureWest may change the AUP at any time on a prospective basis, and changes are effective on posting on the SureWest web site. Changes will take effect on being posted on the SureWest Website, or on being mailed to Customers, whichever is earlier. Customer should review the SureWest Website periodically to be aware of changes.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY TERMINATE USE OF THE SERVICES AND NOTIFY SUREWEST THAT YOU SEEK TO CLOSE YOUR INTERNET ACCOUNT. If any change in the AUP is unacceptable to the Customer, the Customer must either terminate the prohibited practice or seek to terminate the Agreement according to its terms.

Continued Customer use of the Service(s) following the effective date of any change to the AUP constitutes acceptance of the changes.

Goals.

SureWest seeks to promote a high level of responsible behavior in connection with the Internet and has formulated this document to accomplish the following goals:

Promote constructive and responsible Internet use
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Comply with applicable laws and regulations
Limit activities that unreasonably or adversely increase the costs of providing Internet services, or that interfere with or otherwise detrimentally affect the activities of other Internet users
Protect the reputation and resources of SureWest, its customers and the Internet community at large
Ensure the privacy, security and reliability of the SureWest network and its individual users, and the Internet at large
Establish guidelines for acceptable use of the SureWest network, and
Define, generally, those actions that SureWest considers unacceptable, abusive and/or prohibited.

Customer Account Information.

SureWest requires that each Customer maintain accurate, complete, and updated account information. Failure to do this may lead to gaps in service, or opportunities for unauthorized access to the SureWest network.

Customer is responsible for all activities conducted through Customer's SureWest account, regardless of knowledge or involvement. Because SureWest sends important notices about the Customer's SureWest account to the account holder, Customer is expected to check the account's contact email box regularly. Customer also should check the SureWest website periodically for information and updates.

By registering with SureWest, Customer will receive the number of IP addresses reflected in Customer's Agreement, and high speed Internet access. Customer agrees to use these addresses in accordance with this AUP. Requests for additional IP addresses may be made to a SureWest representative.

Acceptable Use.

SureWest does not routinely monitor the activity of SureWest Internet accounts except for such things as measurement of overall system utilization, identification of unusual traffic volumes that may impact others, and the preparation of billing records. SureWest does not engage in content evaluation or exercise editorial functions. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

If a SureWest account violates the AUP, we reserve the right to terminate a Customer's service with or without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, and therefore termination is not the first choice. However, continuing or flagrant violations of the AUP, particularly those that adversely impact others, will cause SureWest to act immediately, and may lead to termination of service. Our failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

In a manner which violates any law, regulation, treaty or tariff;
In a manner that violates the rules, regulations and policies of any network, server, web site, database or service provider that is accessed through the Customer's SureWest account;
In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
To threaten, harass, abuse or intimidate others;
To damage the name or reputation of SureWest, its holding company, affiliates and/or subsidiaries;
To break security on any computer network, or to access an SureWest account which does not belong to the Customer;
For purposes that are inconsistent with the Customer’s contract with SureWest; or
In a manner which interferes with other customers' use and enjoyment of the services provided by SureWest.

In addition, any Customer who, regardless of actual knowledge, permits his or her equipment or service, or any SureWest equipment or service to operate as a server or as a proxy for a server and to provide network content, such as web hosting, file sharing, proxy services, or mass email, must do so only through a static IP address separately procured and assigned by SureWest. SureWest reserves the right to require a Customer engaged in such activity to obtain a static IP address, and SureWest may block any access port (and block or redirect any traffic) that is reasonably believed to be of a type that is offensive or that would generate sanctions from other networks. SureWest Services are for the exclusive use of the Customer, and Customer is explicitly prohibited from any resale, assignment, transfer, relicense, subdivision, structuring for access by multiple parties, or other sharing or allocation for use by others without SureWest’s prior written consent. This prohibition includes, but is not limited to transfer to another person, and to sharing with any person not a part of Customer’s household. SureWest Services are for the exclusive use of the Customer, and Customer is explicitly prohibited from any resale, assignment, transfer, relicense, subdivision, structuring for access by multiple parties, or other sharing or allocation for use by others without SureWest’s prior written consent. This prohibition includes, but is not limited to transfer to another person, and to sharing with any person not a part of Customer’s household.

Guidelines for using a SureWest account follow in the paragraphs below. This information is not intended to be all-inclusive. SureWest reserves discretion to address individualized cases as they arise.

Illegal Use.

This is an area in which no compromises are possible. Illegal use of SureWest facilities is flatly prohibited.
Any activity on our network that is a violation of any federal, state or local law, rule, regulation or order is inherently a violation of the Agreement with SureWest and will result in immediate termination of Customer's Service. Prohibited activities include, but are not limited to the following:

Posting or disseminating material which is unlawful (such as child pornography or obscene materials);
Intentionally spreading or threatening to spread computer viruses;
Gaining or attempting to gain unauthorized access to any network, including SureWest's private network infrastructure;
Accessing or attempting to access information not intended for Customer;
Disseminating material that violates the copyright or other intellectual property rights of others, or which may be subject to a claim of proprietary ownership;
Transmitting pirated software or other software not properly and currently licensed;
Conducting or participating in illegal gambling;
Fraudulent activity, including misrepresenting oneself to harm others, impersonating others, or falsely presenting or altering written or electronic signatures; and
Soliciting for or participating in pyramid and other illegal schemes

Security.

As noted above, Customer is responsible for all use of Customer's SureWest account, and also for all misuse, even if a friend, family member, guest, employee or stranger commits the inappropriate activity there. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to Customer's SureWest account, and should maintain some oversight over its use.

The SureWest account may not be used to breach security of another account or to seek unauthorized access to another network or server.

A Customer 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 Customer, logging into or making use of a server or account that Customer is not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

A Customer 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.

SureWest Customers who violate systems or network security may incur criminal or civil liability. SureWest 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. To the extent SureWest concludes that it is obligated to act under the Digital Millennium Copyright Act or other applicable law, SureWest will do so.

Network Management - Dealing With Bandwidth, Data Storage and Other Limitations.

This SureWest Internet offering is a unique product made available to Customer for non-commercial purposes. SureWest has other Internet products that are commercial products and that the Customer can procure. The Customer is responsible for ensuring that any users of its account use the services obtained from SureWest in an appropriate manner. The service is intended for constructive shared use by all its Customers.

Customer must ensure that its activity and that of its users do not improperly restrict, inhibit or degrade any other SureWest customer's use of Services. Users must also ensure their usage does not burden (in the sole judgment of SureWest) the SureWest network, such as by sending unusually large transmissions or large numbers of transmissions, by repeated or coordinated transmissions to the same or a small number of addresses, or by initiating or maintaining consistent transmissions that impact others. The network is robust but not unlimited.

Management of its network allows SureWest to become aware of Customers whose Internet usage is unreasonably high, who consume unreasonable amounts of SureWest network resources, whose Internet usage may degrade SureWest’s network, or who may otherwise impact SureWest and/or other Customers. SureWest explicitly retains full discretion to take whatever action it deems appropriate with respect to any Customer to protect the operation of its network and to meet its Internet Service obligations to its other Customers.

From time to time, SureWest establishes guidelines that assist it in determining whether the use of its network or Internet Service by any individual non-commercial Customer is acceptable or may be considered excessive and/or burdensome. Customers whose Internet usage consistently falls outside of the parameters permitted by these guidelines for the package they have selected may be contacted by SureWest and requested either to modify their network usage activities to bring them into compliance with the guidelines or to purchase another SureWest Internet Service package designed for Customers with heavier Internet usage. Customers may contact SureWest to obtain additional information or guidance with respect to acceptable usage for individual Internet Services.

Repeated or continued excessive use of Internet Service may lead to suspension or termination of a Customer’s account. Suspension or termination of a Customer account for any of the reasons outlined above in this section will be considered to be the result of a Customer contract breach.

Electronic Mail and Spam.

The Customer's SureWest Internet account gives the ability to send and receive electronic mail. Misuse occurs where a Customer acts to burden, take advantage of, or cause harm to others, and in some cases where a Customer’s equipment or service has been infected or corrupted, and is misused by third parties, with or without the Customer’s knowledge. Misuse may result in termination of the Customer's service. The following examples are non-exclusive and are provided as guidance:

Customer may not use the SureWest account or any mail server attached to the Customer's connection to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he or she does not wish to receive messages from you.
Customer may not allow its equipment or service to be used by others to send spam, whether or not the Customer is aware of such use. Customers are expected to protect themselves with anti-virus and anti-spyware programs. A Customer who fails to monitor his or her equipment for viruses, adware and/or spyware may allow a third party to use that equipment as a relay for spam or other unwanted transmissions. This leads to limits on a Customer’s Internet access, and can harm other Internet users whose access to the Internet can be blocked as a result.
Customer also may not use the SureWest account to collect responses from unsolicited bulk or commercial email sent from accounts with other providers or email services.
Customer may not forge, alter or remove electronic mail headers.
Customer may not send numerous copies of the same or substantially similar message, nor may the Customer send very large messages or files to a recipient, with the intent to disrupt a server or account ("mail-bombing").
Customer may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. If a recipient asks to stop receiving email, the Customer must not send that person any further messages. In some circumstances, even one egregious unwelcome message can constitute harassment.
Customer are strongly encouraged not to forward or otherwise propagate chain letters, whether or not such messages are positive on their face, solicit money or seek other action, and whether or not the recipient wishes to receive such mailings.
Customer may not use SureWest account to collect replies to messages sent from another Internet service provider if those messages violate SureWest's AUP or the AUP of the other service providers.

If Customer uses the services of another provider to promote a web site hosted by or through SureWest, then the provisions of this AUP shall apply to the methods used to promote that site.
SureWest is not responsible for forwarding e-mails sent to any account that has been suspended or terminated.

The customer is expected to maintain full control of and responsibility for all e-mail handled within his or her account. The customer should make his or her own decision about saving, deleting, or forwarding e-mail. SureWest does not routinely monitor the activity of SureWest Internet customer e-mail accounts, except for such things as measurement of overall system utilization, identification of unusual traffic volumes that may impact others, and the preparation of billing records. SureWest also responds to notices submitted pursuant to law that customers are violating the rights of intellectual property owners.

SureWest does not engage in content evaluation or exercise editorial functions with respect to customer e-mail. SureWest will not read outgoing or incoming customer e-mail. SureWest does store e-mail messages on its computer systems for the period of time identified below, under “Retention and Deletion of E-Mail”. SureWest can and will locate and/or disclose e-mail messages and other related information to comply with law enforcement and other legal requirements, or to protect SureWest Service(s) for the benefit of other customers, as described elsewhere in this Acceptable Use Policy.

SureWest monitors the performance of its network systems and of each customer’s service connection in order to manage, maintain, and improve SureWest’s service, and each customer’s connection to it. SureWest uses various tools to help prevent and block "spam", viruses, spyware, and other harmful and/or unwanted messages, applications and communications. These tools can automatically and mechanically scan customer e-mail and e-mail file attachments to help protect both the customer and the SureWest network. These tools are not used to collect or disclose personally-identifiable information.

Each customer should be aware that SureWest does not retain customer e-mail indefinitely. A customer who wants to retain e-mail messages should save them on his or her own computer or on backup media. A customer should not rely on SureWest for e-mail backup.

The length of time that e-mail is retained on a surewest.net e-mail server is normally a function of how the customer accesses and manages his or her e-mail. It is not normally controlled by SureWest except to the extent that SureWest determines to delete e-mail as a part of its own system management activities. For example, SureWest has proactively managed its server space by deleting systematically all e-mail that has been moved into a customer’s “trash can” and that has remained in the “trash can” for 30 days or more. However, SureWest reserves the right to make deletions at any times it deems appropriate.

If a customer accesses his or her e-mail via a “Post Office Protocol (POP)” e-mail client, and that client (which is configured by the customer or their agent) is not configured to “leave mail on server”, then e-mail will be permanently deleted after each time the customer’s e-mail is checked. This is deemed to be at the customer’s request. If a customer or other user accesses e-mail via the web client, that e-mail may be retained indefinitely unless it is moved to the trash can. If an email account is not accessed either by a “POP” client or via the web for 180 days, however, all e-mail in the account will be removed from the system, and both the account and all e-mail will be permanently deleted.

SureWest reserves the right to modify this policy at any time, for any or no reason, such modification to be effective on a prospective basis after posting to the SureWest website. SureWest also reserves the right to deviate from this policy as it deems appropriate in the operation of its business.

Newsgroups.

The Customer's SureWest account gives access to thousands of newsgroups. These newsgroups allow the Customer to read and post messages on a variety of topics. Newsgroups may be moderated or unmoderated. Newsgroups may also have a charter or a FAQ (frequently-asked questions) page that describes what subjects are appropriate for each newsgroup. Misuse of newsgroups also may result in the termination of Services.

SureWest does not control the content of newsgroups available to the Customer, and SureWest provides an uncensored newsfeed. SureWest believes that decisions about which newsgroups and messages to read are best left to its customers. Screening software is available from third parties, and it is the Customer's responsibility to use such tools if desired. SureWest is not responsible for the content of any newsgroup message, whether or not a SureWest customer posted the message.

Messages posted to newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. Customer is responsible for determining the policies of a given newsgroup before posting to it. Newsgroups are presumed to prohibit commercial messages, unless they state otherwise.

Customer may not post or cross-post the same or substantially similar message to multiple newsgroups. Continued cross posting can result in termination of service and the cancellation of the message.

Customer may not post binary files to newsgroups not specifically named for that purpose.

Customer may not post messages promoting pyramid or similar schemes, "Make Money Fast" (MMF) schemes, chain letters, or other schemes to newsgroups. Doing so will result in immediate termination of service.

Customer may not forge or remove header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

Customer may not solicit mail for any address other than Customer's SureWest account or service, where doing so manifests an intent to harass others. Customer may not post messages for the purpose of threatening, harassing or intimidating others.

Customer may not post messages that infringe on personal or property rights of others (privacy rights or copyrights, for example).

Customer may not cancel messages other than Customer's own, with the exception of official newsgroup moderators performing their duties.

Internet Relay Chat.

Although SureWest does not offer software or technical support for Internet Relay Chat (IRC), the Customer's SureWest account may be used to connect to IRC servers and networks maintained by third parties. The Customer is a guest when using these facilities. It is particularly important that the Customer does not engage in activities which might interfere with other customers' access to IRC.

Customer may not use IRC scripts or programs that interfere with or deny service to other users on any other server, host, network or channel. Automated programs may not be used when the account holder is not physically present at the device. Customer may run "clones" (multiple simultaneous IRC connections) and "robots" only as permitted by the host IRC server. Any device connected through the Services may not maintain more than two (2) simultaneous chat connections for any individual customer. This includes the use of all automated programs including robots and clones. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges that have not been authorized.

Customer may not engage in activities, which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service or to fill the screen of another with text), "flashing" (disrupting terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors. Customer may not attempt to impersonate other users. (The use of nicknames does not by itself constitute impersonation.)

Web Sites and Web Space Content.

SureWest can provide storage space and access for web sites through a separate Web Hosting Service. In addition, dedicated SureWest accounts may provide for the hosting of web sites. SureWest will not routinely monitor the contents of Customer web sites, and recognizes that some Customers may object to protected content on web sites.

If Customer has a web site, whether procured through SureWest or another, Customer is solely responsible for any information contained on Customer's web site. Customer may nevertheless have limits on using its web site, particularly if Customer uses its web site to publish material of any kind that is unlawful, indecent or objectionable.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example).
Indecent content depicts certain personal activities in a patently offensive matter as measured by contemporary community standards.
Objectionable content is otherwise legal content with which SureWest concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, to protect its employees, shareholders and affiliates or to otherwise promote positive ends.
Examples of such content can include:
Materials that depict or describe male and/or female forms or body parts in a highly objectionable manner, or obscene, indecent, vulgar, lewd or erotic behavior, and where such materials lack serious literary, artistic, political or scientific merit.
Materials that hold SureWest - including its holding company, subsidiaries, affiliates, employees or shareholders - to public scorn or ridicule.
Materials which encourage the commission of a crime; or tend to incite violence; or tend to advocate hatred or to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.

SureWest does not assume any responsibility for content contained on the Internet or otherwise available through its Service. Customer assumes the risk of accessing content through any Service. Neither SureWest nor any of its affiliates shall have any liability for claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content.

SureWest recommends that Customers who wish to control content they receive from the Web install and utilize parental control software. Parental control software filters much objectionable content and is available through some sites on the Web. This type of software is also available at most software retail outlets or online.

Customer must ensure that the recipient of its content is appropriate. SureWest reserves the right to remove or refuse to post any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful.

Software License.

To facilitate use of the service, SureWest affords each Customer a limited, non-exclusive, nontransferable and non-assignable license to install and use SureWest access software (including software from third-party vendors that SureWest distributes and is authorized to allow Customers to use), its associated documentation, and any updates thereto ("Licensed Programs"), but only to access and utilize the SureWest network and the related Services. Your use can only be in conjunction with the Services and for no other purpose. SureWest may modify the Licensed Programs from time to time, at any time and for any reason, without providing notice of such modification to anyone. The Licensed Programs constitute confidential and proprietary information of SureWest and SureWest's various third party licensors, and embody trade secrets and intellectual property protected under the United States copyright and other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Programs, including associated intellectual property rights, are and shall remain the property of SureWest and its licensors.

No person is authorized to translate, decompose, reverse engineer, distribute, remarked, or otherwise dispose of the Licensed Programs or any part thereof. No person may download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology, except in full compliance with all United States and other applicable laws and regulations, and with the permission of SureWest and its third party licensors. By installing or downloading the License Program, you represent and warrant that you are not located in, under control of, or a national resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals of the U.S. Commerce Department's Table of Deny Orders.

Customer Information.

SureWest maintains identity and billing information, such as Customer name, street address, telephone number(s) and payment information. SureWest may also keep information on Customer communications with SureWest's Customer Service department, length of account and/or membership and general account histories. SureWest safeguards individual information from unauthorized access but will, in appropriate cases, authorize affiliates, employees or agents to perform storage, processing and/or administration, and to carry out other legitimate business functions where they may have access to Customer's individual information. Refer also to any Customer Privacy Notice that may accompany this AUP.

Warranty Issues and Liability Limitation.

In using and continuing to use the Services of SureWest, Customer expressly agrees that use of SureWest Services, software, and other offerings, as well as the Internet generally, are at Customer's sole risk.

ALL SERVICES, SOFTWARE AND OTHER OFFERINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR CUSTOMER'S PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT WHERE SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS ARE SPECIFICALLY DISCLAIMED.

SureWest provides service on a commercially reasonable basis and does not guarantee that Customers will be able to access the service at all times or locations of Customer's choosing. SUREWEST'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO A FAILURE OF SERVICE, SOFTWARE OR OFFERINGS SHALL BE LIMITED TO THAT PROPORTION OF THE MONTHLY SERVICE FEE FOR THE INTERNET SERVICE INVOLVED THAT MATCHES THE PROPORTION OF THE BILLING PERIOD FOR WHICH SERVICE WAS UNAVAILABLE. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, SureWest's liability shall be limited to the maximum extent permitted by law.

SureWest does not endorse, warrant or guarantee any product or service offered through SureWest, except as expressly provided elsewhere, and will not be a party to or in any way monitor any transaction between Customer and third-party providers of products or services.

Indemnification.

Upon SureWest's request, Customer shall defend, indemnify and hold harmless SureWest, its holding company, affiliated companies, telecommunications providers, and ISPs from all liabilities, claims and expenses, including attorney(s) fees, that arise from breach of the AUP by Customer in its use of, or in connection with the transmission of any content on the SureWest network or the Internet by or through Customer or any user of Customer's account or any subaccount. SureWest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer hereunder. In such event, Customer shall have no further obligation to provide indemnification for such matter.

Violations of the Acceptable Use Policy .

As noted above, SureWest does not routinely monitor the activity of individual accounts for violation of this AUP. SureWest does become aware on a routine basis of overall Customer usage levels and the impacts on its network from Customer activities. In our efforts to promote good citizenship and to assure that all Customers will be able to enjoy SureWest Services, we will respond appropriately if we become aware of abusive, excessive or otherwise inappropriate use of the Services.

SureWest prefers to advise Customers of inappropriate behavior and any necessary corrective action. However, if the Services are used in a way that SureWest, in its sole discretion, believes violate this AUP, SureWest may take any response actions it deems appropriate. Such actions by SureWest may include, but are not limited to:

SureWest does not promise that it will take any specific responsive action and it will not have any liability if it elects to take any such responsive actions.

SureWest reserves the right to investigate suspected violations of this AUP, including the gathering of information from the Customer or Customers involved and any complaining party, if any, and examination of material on SureWest's servers and network. During an investigation, SureWest may suspend the account or accounts involved and/or remove material that potentially violates this AUP.

Customer hereby authorizes SureWest and its affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, (ii) system administrators at other Internet Service Providers or other network computing facilities in order to enforce this AUP. Such cooperation may include, but not be limited to, SureWest providing the username, IP address, or other identifying information about a user. Users who violate this AUP may incur criminal or civil liability. SureWest may refer violators to civil or criminal authorities for prosecution.

Upon the termination of an account, SureWest is authorized to delete any files, programs, data and e-mail messages associated with such account on its servers.

The failure of SureWest to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any other time.

Reporting Violations.

Violations or suspected violations of this AUP should be forwarded to abuse@SureWest.net.

Termination.

If Customer's SureWest account is terminated or canceled, no refund, including of any user fees, will be made and no online time or other credits will be credited to Customer except those credits that are required by law. If SureWest terminates Customer's account, Customer may not access SureWest without SureWest's prior express written permission. Termination of a Customer account or Internet connection for violation of the AUP is not a breach of the Agreement between SureWest and Customer if SureWest has a reasonable basis for concluding that the AUP has been breached.

Active SureWest Customers may not allow former Customers or other agents whose accounts have been terminated to use any account. Any delinquent or unpaid accounts must be satisfied before Customer may re-register with SureWest. Customers using multiple accounts without prior express written permission from SureWest may have their other accounts terminated.

Law.

To the extent any direct and specific conflict between the remainder of your Agreement and this AUP exists, your Agreement will take precedence where it deals with basic contract terms such as the term commitment, charges and billing. This AUP will control as to the nature of the use that authorized or permitted to Customer with respect to the Service provided. If any part of the AUP is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. The laws of the State where SureWest provides the service, excluding its conflicts of law rules, govern the AUP and Customer's account. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Customer conduct may be subject to other local, state, and national laws. Customer expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State where SureWest provides the service. Customer further agrees and expressly consents to the exercise of personal jurisdiction there in connection with any dispute or claim involving SureWest.

Customer agrees to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. Customer further agrees not to upload to or through SureWest any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement. Control laws currently prohibit the export of the 128-bit version of any browser, including Internet Explorer, available through SureWest. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content on SureWest.

Revisions.

SureWest reserves the right to modify the AUP at any time, to be effective prospectively. Modifications will be made by posting such changes to the SureWest homepage or to another designated page, by electronic mail or by conventional mail.