Internet Use Policy

AGREEMENT

ATX Communications is an interactive online service provider of Internet access. This agreement sets forth the Standard Terms and Conditions that apply to subscriber use of ATX. Subscriber henceforth agrees to compliance with all terms of service use.

RELATIONSHIP

The relationship between the subscriber and ATX is that of subscriber and service provider only. In the event of a violation of any terms and/or conditions set forth in this agreement, ATX reserves the right to immediately terminate the services provided to the subscriber, with the subscriber being fully responsible for any and all attorney's fees incurred by ATX regarding this agreement at all trial and appellate court levels.

UNAUTHORIZED USE

Questions regarding acceptable use of ATX should be sent to: abuse@atx.com

Unauthorized use of ATX services includes, but is not limited to, the following examples: illegal or criminal activities; sending or posting fraudulent or harassing electronic messages (including "spamming"-sending a message's content to an unreasonable number of mail addresses or message areas, as well as unsolicited mailing of commercial sales pitches); posting messages to public message areas which violate any restriction in that area's charter or policy; use, attempted use or possession in one's account of programs in order to interfere with ATX's system, defraud customers or gain unauthorized access to computers, networks, file areas or system privileges; taking unauthorized actions on IRC servers, such as cloning and running bots intended to take malicious action; running background processes of programs on your UNIX shell account while not logged in; placing pictures of nudity in ATX WWW directories; or, placing files containing commercial software in file areas accessible by the public.

Subscriber shall not allow unauthorized connections to ATX, unauthorized reselling of ATX, or the solicitation of ATX users to become subscribers to other online service providers in competition with ATX, nor shall the subscriber make any unauthorized copies or duplications of any ATX material, advertising, forms, brochures, pamphlets and the like which is the property of ATX.

Any subscriber attempting to harm or cause damage to ATX equipment in any way will be billed at $250.00 per hour, with a minimum billable time period of 1 hour, to track the offending subscriber and repair any damage they may have caused.

Refunds for accounts closed due to a direct violation of the User Policy Agreement will only be granted at the discretion of ATX.

DISCLAIMER

The ATX service provided is provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ATX expressly disclaims any representation or warranty that the ATX service will be error-free, secure or uninterrupted. no oral advice or written information given by ATX, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice. The terms of this section shall survive the termination of this agreement for whatever reason.

Under no circumstances, including negligence, will ATX, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ATX service, including but not limited to reliance on any information obtained on the ATX service; or that result from mistakes, omissions, interruptions, deletion of files or E-Mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ATX records, programs or services. You hereby acknowledge that this provision will apply whether or not ATX is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from ATX or its affiliates. the terms of this section shall survive any termination of this agreement.

MODIFICATION OF TERMS

ATX reserves the right to modify this policy at any time and without advance notice.