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Limited Liability and Acceptable Use Policy (AUP)

   LICENSE AGREEMENT
BY USING THE CLEARSURFUSA SERVICE, YOU ACKNOWLEDGE THAT IT’S PRIMARY PURPOSE IS TO BLOCK ACCESS TO CERTAIN INTERNET SITES, BASED ON THE POSSIBILITY THAT THOSE SITES CONTAIN MATERIAL WHICH MAY BE OFFENSIVE OR OBJECTIONABLE ACCORDING TO THE SUBJECTIVE STANDARDS OF CLEARSURFUSA. AS A RESULT CERTAIN SITES MAY BECOME UNAVAILABLE TO YOU EVEN THOUGH YOU MAY NOT DEEM THE CONTENTS OF THOSE SITES EITHER OFFENSIVE OR OBJECTIONABLE. ALSO, CLEARSURFUSA CANNOT AND DOES NOT GUARANTEE THAT SITES WILL BE BLOCKED WHICH YOU OR ANY OTHER PERSON DEEM OFFENSIVE OR OBJECTIONABLE. CLEARSURFUSA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.


   LIMITATION OF LIABILITY
CLEARSURFUSA WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR LOSS OF USE OF THE SERVICE, DUE TO ANY CAUSE, EVEN IF CLEARSURFUSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, CLEARSURFUSA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (WHETHER BASED ON CONTRACT, TORTE, OR OTHER THEORIES) WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SERVICE DURING THE MONTH IN QUESTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


  WE WANT YOU ON THE TEAM
BY USING THE CLEARSURFUSA SERVICE, YOU ARE AGREEING TO HELP CLEARSURFUSA BATTLE OBJECTIONABLE MATERIAL ON THE INTERNET. CLEARSURFUSA WILL MAKE EVERY REASONABLE EFFORT TO BLOCK OFFENSIVE SITES. HOWEVER, NEW SITES ARE BEING ADDED EVERY DAY AND THERE IS A POSSIBILITY SOME SITE(S) MIGHT NOT GET DETECTED BY US RIGHT AWAY. IF YOU SHOULD ENCOUNTER AN OBJECTIONABLE SITE, PLEASE LET US KNOW IMMEDIATELY. IF IT QUALIFIES FOR SCREENING ACCORDING TO OUR STANDARDS, WE WILL PUT IT ON THE "BLOCKED" LIST AS SOON AS POSSIBLE. SIMPLY E-MAIL THE WEB SITE ADDRESS TO CLEARSURFUSA AT: Sitecop@ClearsurfUSA.com  TOGETHER, WE CAN KEEP THE INTERNET A SAFER PLACE FOR ALL OUR MEMBERS.     

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AUP
This Policy represents
Trinity Data Services, Inc

d.b.a. ClearsurfUSA.com and CleansurfUSA.com

Acceptable Use Policy
Applicable to you and your subsidiaries and supersedes any other written or oral policy. Upon notice published on-line via ClearsurfUSA’s web page we may modify the Policy, amplify the Policy, as well as discontinue or change services offered. 
We reserve the right to revise this Policy at any time.
This AUP was last updated: 7 December 2001 By using any of the services offered by us, you are bound by and must comply with this Policy in its entirety. Violations of the guidelines, delineated below, will result in cancellation of your services or such other action as we, in our sole discretion, may deem appropriate.
I. System and Network Security
1.You may not tamper with other accounts, or commit unauthorized intrusion into any part of our system, or use any of our machines, files, accounts, networks to intrude without authorization into any other system.
2.You may not use any of our services not included in your account, nor devise ways to  circumvent security in order to access services you are not paying for.
This clause includes, but is not limited to, the scanning of our network or other networks with intent to breach and/or evaluate security.
3.You may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. You may not make deliberate attempts to interfere with a service, overload a service nor attempt to disable a host.
4.We will react strongly to the use or attempted use of Internet services or systems without the owner’s authorization. This clause includes, but is not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.). Additionally, you may not use programs, scripts, commands nor send messages with the intent to interfere with a user’s terminal session. 
II. Email 
1.You may not send unsolicited e-mail to any account that has not specifically requested such unsolicited information or that causes complaints from the recipients of such unsolicited e-mail. Our services should not be used to send unsolicited advertising messages to other network  users. You may not flood/spam newsgroups with commercial or non-commercial postings. 
2.You may not continue to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication. 
3.We prohibit the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients. 
4.The forwarding or propagation of chain letters of any type (including charity requests or  petitions for signatures) is impermissible. 
5."Mailbombing" (i.e. flooding a user or site with large or numerous e-mail messages) is strictly prohibited. 
6.You may not forge header information. 
7.We prohibit the use of your account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider. 
8.The rules and regulations contained within this Policy apply to other means of Internet-based 
transmissions, including, but not limited to Internet fax or Internet phone. 
9. Facilitating a Violation of this AUP: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to spam."

Violation of the "AUP" will result in the levy of a fine in the amount of $5000 to your account and cancellation of your use of our service. Any variation of this policy will be up to the discretion of Trinity Data Services and it's management.

 
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