This is the Acceptable Use Policy (“AUP”) of CURRENT Communications Services, LLC (“CURRENT”), which is published to inform subscribers of the acceptable and unacceptable uses of the services provided by CURRENT (the “Services”).  All of CURRENT’s subscribers or persons who use its web site or other Services must comply with this AUP and any CURRENT service agreement applicable to the Service or Services they use.  

THE ACCEPTABLE USE POLICY

You may use the Services for any lawful purpose so long as you do not (i) abuse or fraudulently use the Services, (ii) use the Services in a manner that causes interference to or tampers with another subscriber's or authorized user's use of the CURRENT network, or (iii) otherwise use the Services in a manner that violates this AUP, the applicable service agreement , or other applicable CURRENT policies.  Each user is responsible for ensuring that all authorized users of his or her Service(s) accounts are aware of and follow this AUP.  The terms of this AUP apply to any application or use of the Services including without limitation email, file uploading, posting, news groups, chat rooms, telephony, etc.

CONSEQUENCES OF A VIOLATION OF THE ACCEPTABLE USE POLICY

Any violation of this AUP may result in the immediate suspension or termination of your access to the Services.  CURRENT does not exercise editorial control over the content of any web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites.  In addition to restricting or terminating your access to the Services, CURRENT may remove any materials that we have reasonable grounds to believe: may be in violation of the copyright laws of the United States, may be otherwise illegal, may subject us to liability, or violate this AUP.  CURRENT may cooperate with legal authorities and/or third parties in the investigation of any suspected criminal activity.

CURRENT reserves the right to revise or amend the AUP, the Service agreements and our other policies and agreements at any time in its sole discretion.  Notice of any revision or amendment to this AUP will be posted on our Web Site at www.current.net/OurPolicies.

SPECIFIC VIOLATIONS OF THE ACCEPTABLE USE POLICY

1.       Transmitting any material that, in CURRENT’s sole judgment, violates or may violate, any applicable local, state, national or international laws, including in each case any rules or regulations promulgated thereunder.  Law enforcement officials may be notified of conduct that violates, or appears to violate, applicable laws, rules or regulations.  You assume all risks concerning whether materials you upload, post or otherwise make available using a Service violate any applicable laws or another party’s legal rights.

2.       Harming or attempting to harm minors in any way.

3.       Transmitting any material that contains graphic visual depictions of sexual acts or sexually explicit conduct involving minors, or other depictions of minors, the primary appeal of which is prurient.

4.       Transmitting any material or placing any call that threatens or harasses another person or encourages such threats or harassment or the destruction of property.

5.       Engaging in or facilitating any consumer fraud activities including, but not limited to, illegal gambling, fraudulent offers to sell or buy products or services, or any type of financial fraud, including without limitation pyramid schemes and chain letters.

6.       Forging the identifying TCP/IP packet header or any part of the network header information.  Also, forging any part of: the header information in a email message, a newsgroup post, web page submission, or other communication in any forum using a CURRENT service or the CURRENT network.

7.       Accessing or attempting to access the accounts of another user without her or his authorization.

8.       Accessing any other person’s computer or computer system, software, or data without their knowledge or consent; accessing data that is not intended for you.

9.       Engaging in any conduct that interferes with, impairs or otherwise adversely affects CURRENT’s ability to provide service to others. 

10.   Using a personal account for commercial use (unless you have specifically subscribed to a service plan that permits such use).

11.   Sending or otherwise directing data that is intended to interfere with the operation of other organizations or individuals on the Internet (such as “Denial of Service” attacks).

12.   Transmitting or facilitating the transmission of unsolicited commercial or non-commercial bulk email or faxes.

13.   Breaching or attempting to breach the security of any computer, software, hardware, electronic communications, or telecommunications systems of CURRENT or any other entity.

14.   Transmitting material that infringes on any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including without limitation the unauthorized copying of copyrighted material, photographs, music or software.

15.   Reselling a Service without CURRENT's authorization.

16.   Allowing, authorizing, connecting or otherwise providing use of your CURRENT Broadband® service to any other place or person not located at the service address at which you are billed, unless such use is specifically permitted by the service plan to which you subscribe.

17.   Exceeding the allowable monthly bandwidth allocation per rate plan. Rate plan bandwidth allocations are available by contacting Customer Support at 1-877-7PLUGIN.

18.   Using a Service to operate a telephone “chat” line or other entertainment service, or using an autodialer or other mechanism to repeatedly call or excessively use such services.

19.   Other than as expressly permitted by the relevant Service agreement: using CURRENT Broadband Service for operation as an Internet service provider, for hosting websites, or for any “enterprise” purpose.

CURRENT RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE JUDGMENT: (A) WHETHER PARTICULAR CONDUCT OR ACTIVITIES VIOLATE THIS AUP, AND (B) ANY ACTIONS, INCLUDING IMMEDIATE SUSPENSION OR TERMINATION OF A CURRENT BROADBAND SERVICE ACCOUNT, THAT MAY BE APPROPRIATE TO PROTECT OTHER PERSONS AND/OR THE CURRENT NETWORK IN THE CASE OF A VIOLATION OF THIS AUP.

SERVICE PARAMETERS

In order to ensure optimal performance to all CURRENT Broadband service customers the following service parameters are established:

1.   Certain services, including but not limited to, peer-to-peer traffic (traffic associated with programs that permit file sharing with other parties over the Internet) may be limited based on time of day, bandwidth availability or other criteria as determined by the Company in its sole discretion.

2.   Monthly bandwidth limits may be enforced and repeated use in excess of the limits may result in the need to increase the level of your monthly service plan.

Version effective:  9/13/06