Rocket Broadband
Internet ACCEPTABLE USE POLICY

Current as of 02/06/2007

In utilizing the Rocket Broadband Service, you ("You") hereby agree to comply with the terms and conditions of the Rocket Broadband Internet Access Service Agreement (the "Agreement"), including its terms and conditions, this Rocket Broadband Internet Acceptable Use Policy (the "Use Policy"), and other attachments to the Agreement, as they may be modified from time to time by Rocket Broadband, in its sole discretion. In the event of any inconsistency or conflict between this Use Policy and the Agreement, the provisions of this Use Policy shall govern. You agree that the Use Policy governs to your conduct, as well as the conduct of members of your household and any other persons who You or members of your household authorize to use the Rocket Broadband Service ("Users").

1. General.

This Use Policy is intended to help enhance the use of the Internet generally, and the Rocket Broadband Network specifically, by preventing unacceptable uses thereof. Rocket Broadband supports the free flow of information and ideas over the Internet and Rocket Broadband does not exercise editorial control over the content of any website, e-mail, instant messages, news group, or other material created or accessible over or through the Rocket Broadband Service, except for certain proprietary websites. However, in accordance with the Agreement, Rocket Broadband may remove any materials that, in Rocket Broadband's sole discretion, it believes may be illegal, may subject Rocket Broadband to liability or may violate this Use Policy. Rocket Broadband may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Any violation of this Use Policy by You may result in the suspension or termination of the Rocket Broadband Service to You.

2. Generally Prohibited Conduct.

You agree not to use, or allow Users to use, the Rocket Broadband Service, the Rocket Broadband Network, the Equipment or the Software:

(a) for any activity that violates any international, federal, state, agency, or local law or regulation or any person's rights, including, without limitation, by posting or transmitting child pornography or obscene material, by exporting software or technical information in violation of U.S. export control laws, or by accessing, using, copying, modifying, transmitting or downloading material in violation of the U.S. Copyright laws;

(b) for any fraudulent activity, including, without limitation, making fraudulent offers to sell or buy products or services, or advancing any type of financial scam, including but not limited to "pyramid schemes" or "Ponzi schemes";

(c) to post or transmit any information or material that: infringes any person's copyright, trademark, trade secret, patent or other proprietary rights; is defamatory, libelous, offensive, threatening, abusive, pornographic, sexually explicit, profane, or otherwise is unacceptable or inappropriate in Rocket Broadband's sole discretion; constitutes or encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates the law; contains a Virus or other harmful component; or is false;

(d) to achieve or attempt to achieve, or assist others in achieving or attempting to achieve, any unauthorized access to any computer, cable or telecommunications system, network, software, data, information, or any other proprietary material, or to breach or attempt to breach the security of another user, or to distribute or use tools designed to compromise the security of any system or network. This includes port scanning, port probes, and direct connection attempts to a service or system not owned, controlled or expressly permitted to be accessed by You;

(e) to improperly interfere with, inhibit, degrade or restrict the use and operation of the Rocket Broadband Service by others or Rocket Broadband's ability to deliver the Rocket Broadband Service to users and to monitor the Rocket Broadband Network, including, without limitation, by:

(i) sending excessive data transfers that exceed consumption limits that are now in place or may be established in the future for the package or tier of service to which You subscribe;

(ii) interrupting or interfering with the equipment, access, servers or Rocket Broadband Service used by other users;

(iii) disrupting the Rocket Broadband Network;

(iv) failing to comply with any bandwidth, data storage, IP address or other use limitations imposed on your use of the Rocket Broadband Service;

(v) transmitting or disseminating any virus or feature harmful to the operation of any system, equipment, service or software;

(vi) modifying or altering in any manner any modem, or modem configuration, so as to allow its use beyond the parameters outlined by the specific level of service to which You subscribe. This section shall apply to both customer provided equipment as well as the Equipment.

(f) to send to a minor or obtain for any minor, or obtain access for any minor to, any material that is harmful to minors;

(g) to run a server of any type in connection with the Rocket Broadband Service, or to provide network or host services to others via the Rocket Broadband Network. Prohibited uses include, without limitation, running servers for PPP, FTP, HTTP, DNS, POP, SMTP, NNTP, Proxy (any variety), DHCP, IRC, TELNET, TFTP, SNMP and multi-user interactive forums, and remapping of ports for the purpose of operating a server on the Rocket Broadband Network;

(h) to allow, enable, aid or assist, through action or inaction, directly or indirectly, any third party to use your computer system, the Rocket Broadband Service or the Rocket Broadband Network for illegal actions, actions that violate the Agreement and/or the Use Policy, or other actions deemed unacceptable or inappropriate in Rocket Broadband's sole discretion, including but not limited to sending, forwarding or relaying unsolicited commercial email or bulk e -mail;

(i) to permit your computer system, through action or inaction, directly or indirectly, to be configured in such a way that gives a third party the capability to use the Rocket Broadband Service and/or the Rocket Broadband Network for illegal actions, actions that violate the Agreement and/or the Use Policy, or other actions deemed unacceptable or inappropriate in Rocket Broadband's sole discretion, including but not limited to sending, forwarding or relaying unsolicited commercial e -mail or bulk e-mail; or

(j) to operate a WI-FI or other form of wireless network that allows others who are not in your household to use your Rocket Broadband Service.

3. Use of E-Mail.

You agree not to use, or allow Users to use, the Rocket Broadband Service, the Rocket Broadband Network, the Equipment or the Software:

(a) to send bulk e-mail, whether of a personal or commercial nature, including, without limitation, bulk mailings of commercial advertising, informational announcements, charity requests, political or religious messages, and petitions for signatures, other than to those who have requested such e-mails via a confirmed opt-in subscription process maintained by You;

(b) to send e-mail or other messages to someone who has indicated that he or she does not want to receive messages from You;

(c) to collect or receive responses from unsolicited e-mail messages (even if such e -mail was sent from accounts on other Internet service providers or e-mail services) that violate the Agreement or this Use Policy or the terms of use under the other Internet service provider or email service from which it was sent;

(d) to conduct "mail bombings" (i.e., to send more than ten copies of the same or substantially similar message, or very large messages or files, with the intent of disrupting a server or account);

(e) to send or forward chain letters (whether or not the recipient requests it);

(f) to harvest e-mail addresses or personal information of other Rocket Broadband subscribers or the subscribers of any other network;

(g) to use any Rocket Broadband Internet Service subscriber's computer as a mail relay or another Internet site's server to relay mail without the express permission of the owner of that Internet site;

(h) to reveal to others your e-mail password or your user name or reveal the e-mail password or user name of other users of the Rocket Broadband Service;

(i) to forge, alter or remove any e-mail header; or

(j) to send e-mail that does not originate from the Rocket Broadband Network but attempts to direct recipients via a link or otherwise to an Internet site on the Rocket Broadband Network.

You understand and acknowledge that use of the Rocket Broadband Network in connection with the transmission of unsolicited commercial e-mail or bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and/or criminal penalties against the sender, including those provided by the Controlling the Assault of Non -Solicited Pornography and Marketing ("CAN -SPAM") Act of 2003 (15 U.S.C. § 7701 et seq.), the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), the Lanham Act (15 U.S.C. § 1125), the Racketeer Influenced and Corrupt Organizations statute (18 U.S.C.§ 1961 et seq.), state trespass laws, and other state and federal criminal and/or civil laws.

4. Use of Newsgroups or Channels . When using the Rocket Broadband Service, the Equipment or the Software and using a Newsgroup, Channel or other public bulletin board ("Newsgroup"), You agree not to, or allow Users to:

(a) post messages that do not comply with or are not permitted by the Newsgroup's terms of use, written charters, FAQ or similar instructions or guidelines ("Newsgroup Guidelines"), or that otherwise violate the Newsgroup Guidelines;

(b) post or cross-post the same or substantially similar messages to more than eight (8) Newsgroups;

(c) forge, alter or remove header information;

(d) circumvent the approval process for posting to a moderated Newsgroup;

(e) "flood", "newsbomb" or disrupt users of Newsgroups by posting a large number of messages to a Newsgroup with the intent to hinder normal discussion, cancel messages of others (except as an authorized moderator), or send excessive quantities of data to a Newsgroup;

(f) post binary files to Newsgroups that do not expressly permit them; or

(g) download any Newsgroup in bulk. (Rocket Broadband's Usenet news service included with your account is provided for interactive use by the subscriber using a commonly available NNTP program such as Microsoft Outlook Express. Non-interactive clients must not download Usenet articles in bulk.)

You may download no more than five gigabytes (5 GB) of Newsgroup content in any one month, unless You have purchased a service plan that permits downloading additional Newsgroup content.

 5. Use of Relay Chat Room, Chat Rooms, Bulletin Boards, Discussion Groups and Similar Interactive Programs. When You or Users participate in chat rooms, bulletin boards, discussion groups or other interactive sections of the Internet ("Chat Rooms"), You agree not to, or allow Users to:

(a) participate in Chat Rooms from which You or Users have been banned, or in a manner that violates the applicable acceptable use policy for that server or Chat Room;

(b) flood or scroll such Chat Rooms (sending messages or material in quick succession with the intent to disrupt use of such Chat Rooms by others);

(c) use "bots" or "clones" on computers or other devices when using the Rocket Broadband Service (for example, You or Users may not participate in Chat Rooms using an automated program unless You or Users are actually physically present at your computer);

(d) manipulate any Chat Room server to harass or disconnect other Internet users or to gain privileges to which You (or Users) are not entitled;

(e) send Chat Room messages to recipients who have indicated their desire not to receive such messages; or

(f) forge, alter or hide your identity (other than by using a nickname from which Rocket Broadband may, if necessary, determine your real name).

6. Criminal or Civil Liability.

Violations of this Use Policy may result in criminal or civil liability or both. Rocket Broadband will investigate incidents involving violations of this Use Policy and will cooperate with law enforcement agencies if a criminal violation is suspected. Indirect or attempted violations of this Use Policy, and actual or attempted violations by a third party on behalf of a Rocket Broadband subscriber or a subscriber's end user, shall be considered violations of this Use Policy by such subscriber or end user.

7. Other Service Providers' Acceptable Use Policies . Rocket Broadband obtains services from and relies upon many other entities to provide the Rocket Broadband Internet Access Service to You. Rocket Broadband must strictly comply with the rules of all other entities that You may access through the use of the Rocket Broadband Internet Access Service. In such instances where those entities' polices are more restrictive than the Agreement or Rocket Broadband's Use Policy, Rocket Broadband will communicate those restrictions to You and revise the Agreement or Use Policy or both, accordingly. Therefore, You agree to and shall abide by the acceptable use policies of such other entities.

8. Use of Personal Web Space .

(a) Illegal/Adult Content.

Rocket Broadband neither sanctions nor permits hosted Web site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including, but not limited to, child pornography, gambling, the offering for sale of illegal weapons or substances, and the promotion or publication of any material that may violate hate crime laws. Rocket Broadband reserves the right to immediately suspend or terminate any Web site or transmission that violates this provision of the Agreement, without prior notice. In the event of such termination, You agree that the unused portion of any fees You may have paid for the Rocket Broadband Service are forfeited to Rocket Broadband as an appropriate recompense to Rocket Broadband for the time required to respond to and address issues created by Customer's illegal or obscene Web site or content, and Customer agrees not to and shall not seek recovery of those fees. Rocket Broadband may actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's Web site, the illegal or obscene content, and those persons that inappropriately may have accessed, acquired or used the illegal or obscene content.

(b) Personal Files . You agree that Rocket Broadband is not responsible for back-ups of your Web site content, personal files or other information and that Rocket Broadband is not liable for the loss of any Web site content or information. The maintenance of an appropriate back-up of your personal Web site content is solely your responsibility. Rocket Broadband reserves the right to delete your information and files upon suspension or termination of its provision of the Rocket Broadband Service to You.

(c) Infringement with Intellectual Property Rights . If You use material that is subject to another party's intellectual property rights, You must obtain authorization from that party prior to using such materials. By using the Personal Web Space, You represent and warrant that You are the author and copyright owner and/or authorized licensee with respect to any hosted content and You further represent and warrant that no hosted content violates the trademark, copyright, domain name or intellectual property rights of any third party. Rocket Broadband reserves the right to suspend or terminate your account if, in Rocket Broadband's sole discretion, You violate this Use Agreement or any law or regulation, e.g., the Digital Millennium Copyright Act of 1998, or a court order.

(d) Misuse of Network Resources.

Customer shall not misuse system resources including, but not limited to: employing posts or programs that consume excessive CPU time or storage space on Rocket Broadband's or affiliates' server platforms; utilizing excessive bandwidth; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for Customer's own account; or acting with malicious intent, including but not limited to port scanning, "finger printing" operating systems and application versions, vulnerability exploitation, Virus dissemination via e-mail or insertion of malicious code in scripts or executables made available through the Internet or IRC. Rocket Broadband reserves the right, in its sole discretion, to disconnect service immediately upon detection of activities deemed harmful to the Rocket Broadband Network or Rocket Broadband's customers, affiliates or agents.

(e) Other Activities.

Whether lawful or unlawful, Rocket Broadband reserves the right to determine what is harmful to its customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Rocket Broadband Service or the Internet. Rocket Broadband reserves the right, in its sole discretion, to disconnect service immediately upon detection of activities deemed harmful to the Rocket Broadband Network or Rocket Broadband's customers, affiliates or agents.

9. Premium Content. You agree to only use, and allow Users to only use, Premium Content strictly in accordance with the Agreement and with any supplemental agreement that applies to Premium Content. Rocket Broadband reserves the right, in its sole discretion, to disconnect or suspend service to You if You use or redistribute, or allow Users to use or redistribute, Premium Content in an improper manner.