New River Valley Unwired, LLC Internet Service - ACCEPTABLE USE POLICY (AUP)

In order to provide high quality customer service and to insure the integrity of new river valley unwired (NRVU) residential internet (ri), NRVU small business internet (sbi) and NRVU commercial internet access (collectively referred to as the service), NRVU has adopted this acceptable use policy.

Please read this AUP prior to accessing the service. The word customer is used herein to refer to any individual, entity or business organization that subscribes to the service. By using the service, customer agrees to the terms of this acceptable use policy. NRVU reserves the right to immediately terminate the customer’s account without notice, at NRVU’s sole discretion, if customer or others who use customer’s account violate this acceptable use policy. NRVU also reserves the right to immediately remove any material or information from company’s computing resources that violate this policy for any reason whatsoever at NRVU’s sole discretion without prior notice.

1. INTENDED USE

A) NRVU Residential Internet (RI)

NRVU RI is designed for personal and family use within a single household. Customer agrees that only the Customer and co-residents living in the same household will use the Service. The term ‘single household’ means the Customer’s home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. Customer may not resell or distribute the Service outside Customer’s household. The Service is being provided solely for use in Customer’s household and any unauthorized access by a third party to e-mail, Internet access, or any other function of the Service relieves NRVU of any affirmative obligations it may have, and is in violation of this Policy.

Customer may not establish a web page using a server located at Customer’s home. Customer will not use, nor allow others to use, Customer’s home computer as a web server, FTP server, file server (this does not apply to file transfers to/from the Customer’s system for personal use), game server or to run any other server applications. Customer will not use, nor allow others to use, the Service to operate any type of business or commercial enterprise. Customer will not advertise that the Service is available for use by third parties or unauthorized users.

NRVU reserves the right to disconnect or reclassify the Service to a higher grade for failure to comply with any portion of this provision or this Policy. Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer’s service.

B) NRVU Small Business Internet (SBI)

NRVU SBI is designed for use by single small-sized businesses including small offices-home offices (SOHO).

Customer will not resell or redistribute, nor allow others to, resell or redistribute access to the Service in any manner. Except as expressly provided in any contract for service, the prohibition on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of e-mail, FTP and Telnet access.

NRVU reserves the right to disconnect or reclassify the Service to a higher grade for failure to comply with any portion of this provision or this Policy. Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer’s service.

C) NRVU Commercial Internet (CI)

Customer will not resell or redistribute, nor allow others to resell or redistribute access, to the Service in any manner. Except as expressly provided in any contract for service, the prohibition on resale or redistribution of access includes, but is not limited to, hosting applications such as the provision of e-mail, FTP and Telnet access.

NRVU reserves the right to disconnect or reclassify the Service to a higher grade for failure to comply with any portion of this provision or this Policy. Any violation of these policies may lead to prosecution under state and/or federal law and/or termination of Customer’s service.

2. NO ILLEGAL OR FRAUDULENT USE

Customer will not use, nor allow others to use the Service to violate any applicable federal, state, local or international laws (including, but not limited to, the Children’s Online Privacy Protection Act). Customer will not use, nor allow others to use, the Service to commit a crime, act of terrorism, or fraud, or to plan, encourage or help others to commit a crime or fraud, including but not limited to, acts of terrorism, engaging in a pyramid or ponzi scheme, or sending chain letters.

3. NO COPYRIGHT OR TRADEMARK INFRINGEMENT

Customer will not use, nor allow others to use, the Service to send or receive any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software.

NRVU is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify NRVU if they believe that a NRVU customer has infringed the copyright owner’s work(s). If NRVU receives a notice from a copyright owner alleging any Customer has committed copyright infringement, NRVU will notify the Customer of the alleged infringement. If NRVU receives more than one notice alleging copyright infringement on Customer’s part, Customer may be deemed a “repeat copyright infringer.” NRVU reserves the right to terminate the accounts of repeat copyright infringers.

4. NO THREATS OR HARASSMENT

Customer will not use, nor allow others to use, the Service to transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity.

5. NO HARM TO MINORS

Customer will not use, nor allow others to use, the Service to harm or attempt to harm a minor, including but not limited to using the Service to send pornographic, obscene or profane materials.

6. NO “SPAMMING"

Customer will not use, nor allow others to use, the Service to send unsolicited messages or materials, bulk e-mail, or other forms of solicitation (“spamming”). NRVU reserves the right, in NRVU’s sole discretion, to determine whether such posting or transmission constitutes unsolicited messages or materials.

7. NO “CRACKING"

Customer will not use, nor allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems (“cracking”) or to cause a disruption of the Service to other on-line users. Customer will not use, nor allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.

This clause refers to NRVU systems and customers as well as to those of other systems or customers on the global internet.

8. NO SYSTEM DISRUPTION

Customer will not use, nor allow others to use, the Service to disrupt NRVU's network or computer equipment owned by other NRVU customers. All IP addresses assigned to computer or devices directly connecting to NRVU’s system must be authorized and provisioned by NRVU. Customer also agrees that Customer will not use, nor allow others to use, the Service to disrupt other Internet Service Providers or services, including but not limited to e-mail bombing or the use of mass mailing programs.

9. NO IMPERSONATION OR FORGERY

Customer will not, nor allow others to, impersonate another user, falsify one's user name, company name, age or identity in e-mail or in any post or transmission to any newsgroup or mailing list or other similar groups or lists. Customer will not, nor allow others to, forge any message header of any electronic transmission, originating or passing through the Service.

10. NO EXCESSIVE USE OF BANDWIDTH

If NRVU determines, at NRVU’s sole discretion, that Customer is using bandwidth to the detriment of other customers' performance over the NRVU network infrastructure for Internet access or other functions using public network resources, The Customer will be notified to voluntarily cease and desist from such activities. Barring such resolution, NRVU may install equipment limit bandwidth or summarily terminate Customer’s account.

11. NO “VIRUSES”

Customer will not use, nor allow others to use, the Service to transmit computer “viruses”, “worms”, “Trojan horses” or other harmful software programs. Customer is strongly encouraged to use standard practices such as virus scanning programs and/or firewalls to prevent the transmission of such viruses or other harmful software.

12. REVISIONS TO POLICY

NRVU reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of the policy. Notice of modifications to this Policy will be given by posting such changes to NRVU’s homepage (www.nrvu.net), by electronic mail or by conventional mail.

Acceptable Use Policy, Version 1.2 (10 Sep 2004)