Alameda Power & Telecom may modify this Acceptable Use Policy for its Internet services, AlamedaNET, at any time without prior notification. For this reason, users should consult the Alameda Power & Telecom website (http://www.alamedapt.com/alamedanet/acceptable_use.html) regularly to ensure user compliance with the most recent version of the Acceptable Use Policy. In the event of any conflict between the Acceptable Use Policy and the Terms and Conditions of Use, the Acceptable Use Policy will govern.

Alameda Power & Telecom provides a variety of Internet Services (the "Services") to residences and businesses (the "Customer").

By using the Services you agree to abide by this Acceptable Use Policy as well as any guidelines, alerts, or rules that may be posted on Alameda Power & Telecom's website from time to time. You agree that, if any portion of this Acceptable Use Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

IF YOU DO NOT AGREE TO ABIDE BY THIS ACCEPTABLE USE POLICY, PLEASE DO NOT USE THESE SERVICES AND NOTIFY ALAMEDA POWER & TELECOM CUSTOMER SERVICE IMMEDIATELY AT cs@alamedanet.net.

1. defamation: posting or transmitting any material which is defamatory under any applicable law;
2. fraud: posting or transmitting any information that you know or ought to know is false, and that you intend others to rely on, including making fraudulent offers to sell or buy products, items or services, or advancing any type of financial scam such as "pyramid schemes", "Ponzi schemes", and "chain letters";
3. unlawful material: posting or disseminating material which is unlawful under any applicable law;
4. false advertising: posting or transmitting any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations;
5. copyright violation: posting or transmitting any information, software, photograph, video, graphic, music, sound and other material in violation of another person's copyright. AlamedaNET is registered under the Digital Millennium Copyright Act of 1998. If you believe that your work has been copied and is accessible on AlamedaNET in a way that constitutes copyright infringement, you may notify AlamedaNET.
6. trademark violation: posting, transmitting, displaying or using any words or symbols that violate any other person's rights in its trademark or trade-name; and
7. harm to minors: using the Services to harm, or attempt to harm, minors in any way, including knowingly soliciting or collecting personal information from a minor (anyone under 18 years old). Personal information includes without limitation the name, address, telephone number, or name of the minor's school.

1. send unsolicited bulk email (so-called "Spam");
2. send, or cause to be sent, large volumes of unsolicited email to a single person or multiple persons or entities (so-called "email Bombing");
3. repeatedly send email to any person or entity who does not wish to receive it. If a recipient asks to stop receiving email from an AlamedaNET Customer, then that AlamedaNET Customer must cease sending email to that person; and
4. subscribe to any email list or service on behalf of a third party without that third party's consent.

1. disrupt or interfere with the normal operation of AlamedaNET systems, networks, or activities in any way that adversely affects the ability of other people or systems to use AlamedaNET Services or the Internet, including, without limitation:
2. denial of service attacks;
3. flooding of networks;
4. attempts to overload a service; and
5. attempts to cause system crashes; or
6. use any unauthorized program to connect to any AlamedaNET Internet Relay Chat (AIRC) server, including, but not limited to, IRC bots or clonebots; or
7. gain access or attempt to gain access to the private systems or data of AlamedaNET or any third party without the prior consent of AlamedaNET or the third party.

1. circumvent or attempt to circumvent security or authentication systems on any host server, network, hardware, or Customer accounts, including, but not limited to, logging into any server, account or network without authorization and electronically probing the security of any system or network; or
2. disrupt or interfere with the normal operation of any system or network operated by any third party, or attempt to do so; or
3. collect or attempt to collect personal information about third parties without their knowledge or consent.

1. post a single article or substantially similar articles to an excessive number of newsgroups, or cross-post to an excessive number of newsgroups;
2. post articles on a newsgroup which are off-topic according to the newsgroup charter;
3. post binary or encoded binary files to newsgroups not specifically designated for that purpose;
4. post commercial messages on a non-commercial AlamedaNET newsgroup without prior approval from AlamedaNET;
5. engage in any of (a), (b), (c) or (d) from a provider other than AlamedaNET and use an account on AlamedaNET as an email return address or "drop" for responses;
6. engage in any of (a), (b), (c) or (d) from a provider other than AlamedaNET for the purpose of drawing attention to a service hosted by or on AlamedaNET's network;
7. cancel messages other than their own messages and posts forged in their name.

AlamedaNET assumes NO responsibility for Internet content available through the Services. Customers are responsible for restricting access to sexually explicit material on the Internet by purchasing the appropriate filtering software or by monitoring Internet use. Content questions or complaints should be addressed to the content provider.

The Customer must ensure that his or her account activity does not improperly restrict, inhibit or degrade any other customer's use of the Services, nor represent, in the sole judgment of Alameda Power & Telecom, an unusually large burden on the network itself. The calculation used to determine the actual bandwidth/network traffic allocation is based on a bandwidth factor for the account category and the maximum download speed for the specific account. Residential accounts use a bandwidth factor of 30, and Business accounts use a bandwidth factor of 45. The following is an example of the calculation used to compute the maximum traffic allocation included with a residential AlamedaNET account offering 3Mbps as its maximum download speed:

The bandwidth/network traffic allocation will be compared against the customer's end of month total download or total upload data traffic over the network, whichever is higher. Customers exceeding the bandwidth/network traffic allocation amount specified for their Service Package may be charged $1.00 for each Gigabyte used in excess of their specified allocation. In addition, Customers must ensure that their activity does not improperly restrict, disrupt, inhibit, degrade or impede Alameda Power & Telecom's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

Customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of Alameda Power & Telecom. For example, Customers must not provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news services, or send a news feed, unless express permission is granted by the Customer Agreement.

AlamedaNET Residential Services are not intended for business applications such as serving streaming video or audio, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums. You may not provide network services to others via AlamedaNET.

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