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StarTouch AUP

StarTouch Inc Acceptable Use Policy

Please read this Acceptable Use Policy ("this Policy") carefully as it creates a legal agreement between you (the "User") and STARTOUCH INC ("STARTOUCH INC"). This Policy applies in addition to our Standard Terms and Conditions and your Service Agreement and together these documents govern the terms under which STARTOUCH INC will make the services set forth in the Agreement for Services ("Services") available to you.

Your use of the Services is deemed to be an acceptance of this Policy. We reserve the right to modify this Policy from time-to-time in our sole discretion. Any such amendment shall be valid once posted to and displayed on the STARTOUCH INC web site (www.startouch.com) or, at STARTOUCH INC's option, emailed to the User.

General

This Policy is designed to assist in protecting the Services, our customers and the Internet community as a whole from improper and/or illegal activity over the Internet. The cornerstone of this Policy is the principle that no User shall use the Services for any activity which contravenes the laws of Washington or any other applicable jurisdiction, or to create, host or transmit illegal, offensive or obscene material.

Therefore the User is generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community. For the most part, simply exercising good judgment and common sense while using the Services should not breach this Policy. While we have listed below examples of the types of conduct which are prohibited, such examples are intended merely to serve as guidelines regarding appropriate and inappropriate conduct. The list is by no means exhaustive and should not be interpreted as such.

Due to the shared nature of DSL, FRAME, and wireless connectivity, the actions of STARTOUCH INC customers affect the connectivity and performance of the neighboring customers serviced from the same central point. While STARTOUCH makes significant efforts to ensure that all wireless customers receive equal minimum bandwidth allocations, between customers of equal contracted service, there is the possibility that neighboring customers may capitalize on the available bandwidth. Should you feel you are having network difficulties, please email [support@nullstartouch.com] for assistance.

Removal of Services

We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Services and we will have no liability to any party, including you, for any violation of the Policy. Notwithstanding this, we reserve the right to take such action as we deem appropriate against any User who violates any conditions of this Policy. In such cases, Services may be limited, suspended, interrupted or terminated with or without notice to the User or STARTOUCH INC may remove any content of which it becomes aware which is deemed in STARTOUCH INC's sole discretion to be unlawful, harmful, defamatory, hateful, offensive, or otherwise objectionable or in violation of this Policy or if any information provided by you is untrue, inaccurate, out-of-date or incomplete.

Prohibited Activities

You may not use the Services or permit the Services, or any part of them:

· To be used for any unlawful purpose, or for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Services, or in a manner which is likely to cause harm, offense or nuisance to other Internet users;

· For the transmission, distribution, retrieval or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty);

· To transmit any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization or to engage in activities, which infringe proprietary rights in any software;

· To transmit any material that constitutes an illegal threat, violates export control laws or is obscene, harassing, abusive or defamatory or which would cause offense to others on the grounds of race, creed or sex;

· In contravention of the regulations promulgated by the SEC and Exchange Commission or any rules of any national or other securities exchange;

· To intentionally or unintentionally transmit files containing a computer virus or corrupted data or to engage in activities which would destroy the integrity of computer based information;

· To gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information;

· To engage in any activities that may interfere with the ability of others to access or use the Services or the Internet or to intercept, redirect or otherwise interfere with communications intended for others;

· To monitor or scan for any data, information or communications on any network or system without authorization;

· To tamper with or gain unauthorized access to STARTOUCH INC's facilities, services or resources, the resources of connected networks or to user accounts or passwords or to engage in other activities which compromise the privacy of others;

· To access services you have not paid for;

· To abuse the services of a remote server, or violate a remote system's terms of service while connected to that service from your STARTOUCH INC account;

· To transmit large volumes of unsolicited e-mail messages (whether commercial or otherwise) to other organizations connected to other networks, if the transmission of such material causes or is likely to cause annoyance;

· To collect responses from mass unsolicited e-mail messages;

· To deliberately send very large attachments to one recipient;

· To engage in activities which waste STARTOUCH INC's resources (people, networks, computers or financial);

· Willfully or negligently in a manner that encumbers disk space, processors or other system resources so as to interfere with others' normal use of Services or to deny service on STARTOUCH INC's or on other systems;

· To attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than yourself for purposes of deception;

· To use another party's electronic mail server to relay e-mail without express permission from such other party;

· To create or participate in chain letters or pyramid schemes; or

· To solicit gambling.

Other User Obligations

It is your responsibility to keep your IP address and passwords secure. You may not share your IP address or user account with any other party unless authorized. Other users of your user account and password shall be bound by this Policy as if they were you. You agree to immediately notify STARTOUCH INC of any unauthorized use of your user account or password or any other breach of security or breach of this Policy of which you become aware.

· You may not resell or lease the Services or any portion thereof;
· You may not transfer your account to anyone without our prior written consent;

Bandwidth Limitations

You may not attempt to use the Service in excess of the bandwidth capacity purchased by you under the service agreement duly signed by both parties. Doing so may require you to upgrade your service, and you may be temporary disconnected by the STARTOUCH Network Operations Center (NOC). There are also overage fee's which may be assessed to your account and will have to be paid before your service is reinstated if access was terminated. An email notification letter may or may-not be sent to you prior to any overage fee assessment, or for termination due to continual abuse of your service.

Minimum Bandwidth Allocation

STARTOUCH maintains a minimum of Mbps CIR allocated for each customer depending on contracted service. While customers may experience speeds faster than their contracted service (while "bursting"), any speed over their contracted service is not guaranteed.

Bursting

Customers may "burst", or experience speeds faster than that agreed CIR allocated, up to their contracted MIR service level only for reasonable amounts of time necessary to complete retrieval of e-mail, web pages, Usenet articles, etc. Continuously using more than the bandwidth allocated to download large files, send large e-mails, or watch high-bandwidth video streams for long periods of time is not acceptable and may affect the performance of other wireless customers. STARTOUCH may take action against customers capitalizing on available bandwidth as defined below.
You may not allow excessive use of your wireless connections to run programs or servers that provide network content or connectivity to any 3rd party not at the location where the connection is installed. Examples of such programs include, but are not limited to, mail, FTP, HTTP, game, newsgroup, proxy, and IRC servers unless provided for in your Service Agreement or Contract. Excessive use of file sharing applications such as "Kazaa", "Morpheus", and "Gnutella" are not permitted due to the high amount of bandwidth used by these peer-to-peer applications.

Lawful Access

Notwithstanding any other provisions of this Policy, STARTOUCH INC will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.

Data Protection/Privacy Policy

Any personal data you provide to us will be used for internal purposes only, by STARTOUCH INC or any of its successors or assigns. We will not send you any further information about our services if you have chosen not to avail of this option in your Service Agreement. If you receive any unsolicited material from STARTOUCH INC and you wish to be removed you from our mailing list, please contact us at [support@nullstartouch.com].

Intellectual Property Rights

You acknowledge that all copyright, trademarks and all other intellectual property rights in any material supplied as part of the Services shall remain vested in STARTOUCH INC or its licensors. You acknowledge that you are permitted to use this material only as expressly authorized by STARTOUCH INC or its licensors and may not copy, reproduce, transmit, distribute or create derivative works of such material without express authorization.

Security

The User accepts that the security of the Internet as a communications medium or as a medium for purchasing or payment cannot be guaranteed. While all reasonable efforts will be made by STARTOUCH INC to keep and maintain the Services secure from unauthorized access, no responsibility or liability is accepted for any unauthorized access that may be made by any third party or parties to the User's computer system, software, data, or any User messages, or for any consequential loss or damage (including indirect loss and/or loss of profits), costs and expenses arising there from. You are encouraged to utilize a firewall to ensure your own security.

Limitation of Liability

Your use of the Services is governed by the Limitation of Liability provisions of our Standard Terms and Conditions.
You acknowledge that STARTOUCH INC has no control over the information which can be accessed by using the Services, and we do not examine the use to which you or other users put the Services or the nature of the information you or they are sending or uploading. We therefore exclude all liability of any kind for the transmission or reception or such information of whatever nature.

STARTOUCH INC excludes all liability of any kind for the information or any other material published or otherwise made available by you or any other person on any web site you establish using the Services.

You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with this Policy, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of data or business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

Your correspondence with, or participation in promotions of, advertisers or merchants found using the Services, including payment for and delivery of related goods, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or merchant. You agree that STARTOUCH INC has no liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants in connection with the Services.

Indemnity

You hereby agree to indemnify and hold STARTOUCH INC, its officers, directors and employees, harmless from any claim, costs, damages, loss or expenses of whatsoever nature arising out of claims by any third parties alleging that use of the Services has infringed this Policy or any intellectual property or right of any kind or any applicable USA or international legislation or regulation. You shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgments incurred by STARTOUCH INC. Without limitation to the foregoing, you shall provide STARTOUCH INC with notice of any claims of such nature which come to your attention.

Term and Termination

The User agrees to remain bound by this Policy (as amended from time to time) for as long as they remain a user of the Services unless STARTOUCH INC earlier terminates, suspends or otherwise limits access to the Services in accordance with this Policy or as it otherwise deems is appropriate.

Governing Law

This Agreement shall be governed and construed in accordance with United States law and the parties hereby submit to the exclusive jurisdiction of the United States Courts.

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