Spamming:
Sending unsolicited bulk and/or commercial messages over the Internet. Spamming is harmful because of its negative impact on consumer attitudes toward THFC, and because it can overload THFC's network and disrupt service to THFC Customers. Further, maintaining an open SMTP relay is prohibited. When a complaint is received, THFC has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations:
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents held by individuals, corporations, or other entities. THFC is required to remove or block access to Customer content upon receipt of a proper notice of infringement. It is also THFC's policy to terminate the privileges of Customers who commit repeat violations of intellectual property laws.

Obscene Speech or Materials:
Using THFC's network to advertise, transmit, store, post, display, or otherwise make available child pornography, pornography or obscene speech or material. THFC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through THFC's network.

Defamatory or Abusive Language:
Using THFC's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, 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).

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks:
Also, 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.

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, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Exporting encryption software over the Internet or otherwise, to points outside the United States:

Usenet Groups:
THFC reserves the right not to accept postings from newsgroups where THFC has actual knowledge that the content of the newsgroup violates the AUP.

Other Activities:
Engaging in other 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. Further, engaging in activities, whether lawful or unlawful, that THFC determines to be harmful to its Customers, operations, reputation, goodwill, or Customer relations. The responsibility for avoiding the harmful activities described above rests with the Customer. THFC will not monitor the communications of its Customers to ensure that they comply with THFC policy or applicable law. However, when THFC becomes aware of harmful activities, it may take any action to stop the harmful activity, including but not limited to: removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. THFC also is aware that many of its Customers are, themselves, providers of Internet services, and that information reaching THFC's facilities from those Customers may have originated from a customer of the Customer or from another third-party. THFC does not require its Customers who offer Internet services to monitor or censor transmissions or web sites created by customers of its Customers. THFC has the right to directly take action against a customer of a Customer. Also, THFC may take action against the THFC Customer because of activities of a customer of the Customer, even though the action may effect other customers of the Customer. Customers who offer Internet services will cooperate with THFC in any corrective or preventive action that THFC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of THFC policy and shall entitle THFC to terminate any service agreement then in place.

THFC also is concerned with the privacy of Internet-based communications and web sites. Thus, THFC urges its Customers to assume that all of their on-line communications are insecure. THFC shall not take any responsibility for the security of information transmitted over THFC's facilities. THFC will not intentionally monitor private electronic mail messages sent or received by its Customers unless required to do so by law, governmental authority, or when public safety is at stake. THFC may, however, monitor its service electronically to determine that its facilities are operating. Also, THFC may disclose information, including but not limited to, information concerning a Customer, a transmission made using THFC's network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. THFC assumes no obligation to inform the Customer that Customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, THFC may disclose Customer information or information transmitted over its network where necessary to protect THFC and others from harm, or where such disclosure is necessary to the proper operation THFC.

THFC expects that its Customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A Customer's failure to comply with those laws is a violation of THFC policy. Finally, THFC emphasizes that in signing any THFC service agreement, Customers shall indemnify THFC for any violation of the service agreement, law, or THFC policy, that results in loss to THFC or the bringing of any claim against THFC by any third-party. This means that if THFC is sued because of a Customer's or Customer of a Customer's activity, the Customer shall pay any damages awarded against THFC, plus costs and reasonable attorneys' fees. Any questions about this AUP or any complaints about a Customer's violation of this AUP should be sent to info@tfhcinc.com.

Policy Updated: May 1, 2003