This Acceptable Use Policy constitutes a legal agreement between you the user and Ben Lomand Telephone, a provider of retail web hosting, e-mail, electronic commerce, and domain name services.

A.  Acceptance

1. You agree to refrain from the following examples of prohibited conduct:

2. If you are accepting on behalf of a company, you represent and warrant to Ben Lomand Telephone that you have full authority to bind such company; and

3. If you do not agree to abide by this policy please do not use our services.

B.  Prohibited Conduct

You will violate this policy if you engage in the following examples of prohibited activities while using our services:

1. Spamming
   (a)  Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming")
   (b)  Maintaining an open SMTP relay

2. Facilitating a Violation of this policy
   (a)  Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software

3. Infringing Intellectual Property Rights
   (a)  Engaging in any activity that: infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities or violates privacy, publicity, or other personal rights of others

4. Obscene Speech or Materials
   (a)  Using Ben Lomand's services to advertise, transmit, store, post, display, or otherwise make available child pornography or other forms of illegal pornography or obscene speech or material.  Ben Lomand shall notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Ben Lomand's services

5. Promoting Violence or Injury
   (a)  Advocating, promoting or providing assistance in carrying out violence or any other unlawful activity against any persons, animals, or any governments, businesses or other entities.
   (b)  Describing or displaying a weapon, or parts of weapons, or manuals for assembling any weapon, including but not limited to firearms, ammunition, explosives, grenades, bombs and caustic or other dangerous substances contrary to any laws.
   (c)  Promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property

6. Defamatory or Abusive Language
   (a) Using Ben Lomand's services as a means to transmit or post defamatory, harassing, abusive, or threatening language

7. Forging of Headers
   (a)  Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message

8. Illegal or Unauthorized Access to Other Computer Networks
   (a)  Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (known as "hacking")
   (b)  Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity)

9. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
   (a)  Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks
   (b)  Engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment

10. Export Control Violations
    (a)  Exporting encryption software over the Internet or otherwise, to points outside the United States.

11. Illegal Activities
    (a)  Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software

12. Gambling
    (a)  Engaging in or promoting gambling contrary to any laws

13. Promoting Intoxicants
    (a)  Displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes or illegal substance contrary to any laws

14. Instructing others in Prohibited Activities
    (a)  Providing instructions with respect to any activities listed in (1) through (13) above

15. Other Activities
    (a)  Engaging in any other activity, whether lawful or unlawful that Ben Lomand in it's sole discretion determines to be harmful to customers, operations, reputation, goodwill, or customer relations.

1. Notwithstanding any other provision of this agreement, in no event shall Ben Lomand, its parents, subsidiaries, affiliates and their respective officers, directors, agents, employees, suppliers, resellers and distributors (collectively, the "Ben Lomand entities" and each be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including without limitation damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to this agreement or the services, regardless of the cause of action and even if one or more of Ben Lomand entities have been advised of the possibility of such damages or losses, including but not limited to damages or losses arising from or in any way related to delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses or defects in the transmission of any information, material or data over or through Ben Lomand's systems or networks or the systems or networks of third parties.
2. Circumstances may arise in which you are entitled to recover damages from one or more of the Ben Lomand entities.  In such instance, the aggregate liability of the Ben Lomand entities for damages is limited to the lesser of (A) the amount actually paid to Ben Lomand by you under this agreement during the one (1) month immediately preceding the date on which such claim accrued or (B) the sum of five dollars ($5.00).  This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts.  The fees for the services set by Ben Lomand  hereunder have been and will continue to be based upon this allocation of risk.  Accordingly, you hereby release the Ben Lomand entities from any and all obligations, liabilities, and claim in excess of the limitation stated in this paragraph.
3. You hereby acknowledge and agree that Ben Lomand and its suppliers will NOT be liable for any delay, outages or interruptions of the services.  Further, Ben Lomand shall not be liable for any delay or failure to perform its obligations under this agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electrical, electronic, communications or third-party supplier failure).
4. You hereby release and hold harmless, and agree to indemnify, the Ben Lomand entities against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including without limitation, reasonable attorneys' fees and other litigation expenses) incurred by the Ben Lomand entities, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this agreement, or any applicable policy or guideline; (b) your use of the services; (c) your violation, alleged violation, or misappropriation or any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).
5. You are hereby notified that the Ben Lomand entities are intended third-party beneficiaries of this agreement, with a right of enforcement of the exclusions and limitations of liability and the indemnities contained in this agreement.