Acceptable Use Policies

These are the Acceptable Use Policies (AUP) of Totem Webcasters Incorporated(Totem Webcasters). All clients of Totem Webcasters must abide by these policies. Totem Webcasters reserves the right to change and update these policies as it sees necessary.

Introduction

The primary purpose of Totem Webcasters is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is Totem Webcasters' intention to allow Totem Webcasters users complete access to everything the Internet has to offer, with minimal or no interference from Totem Webcasters.
However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as Totem Webcasters, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because Totem Webcasters runs multi-user systems, actions of one Totem Webcasters customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all Totem Webcasters' users. To this end, Totem Webcasters has developed these Acceptable Use Policies. They are intended to inform Totem Webcasters' Customers of what Totem Webcasters considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions Totem Webcasters may take, with or without notice, in the event that Totem Webcasters becomes aware of inappropriate use of Totem Webcasters' service. This AUP will be used to help Totem Webcasters system administrators deal with complaints from users of Totem Webcasters or other Internet-connected systems, and to determine when action should be taken. It is expected that all Totem Webcasters Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Totem Webcasters' technical resources, ability to continue to provide high quality service to its customers, and the protection of Totem Webcasters' reputation as a service provider.

ACCESS TO TOTEM WEBCASTERS' INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers

Totem Webcasters' Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Totem Webcasters or any information or software therein. You release Totem Webcasters from and Totem Webcasters shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Totem Webcasters services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Totem Webcasters' own negligence. Without limiting the generality of the foregoing, Totem Webcasters disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Totem Webcasters services. In no event shall Totem Webcasters' aggregate liability exceed the amount paid by you to Totem Webcasters for the Totem Webcasters services. Use of any information obtained via Totem Webcasters' Internet service is at the user's own risk. Totem Webcasters specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

1. 1
UNDER NO CIRCUMSTANCES SHALL TOTEM WEBCASTERS BE LIABLE FOR ANY INCIDENTAL, UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF TOTEM WEBCASTERS WAS INFORMED OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF. In no event shall Totem Webcasters' liability for direct damages incurred for any reason and upon any cause of action arising from or relating to this Agreement or the subject matter hereof exceed the fees paid to Totem Webcasters by Customer hereunder in said term in which the damages are incurred.

1. 2
Totem Webcasters warrants that the services it performs in maintaining its Internet services will be rendered in a competent, professional manner. Totem Webcasters does not warrant and specifically disclaims any representations that its Internet service will meet Customer's requirements or that their use will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, TOTEM WEBCASTERS DISCLAIMS ALL OTHER EXPRESSED WARRANTIES AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Totem Webcasters' limited warranty set forth herein is in lieu of all liabilities or obligations of Totem Webcasters for damages arising out of or in connection with its Internet services.

1. 3
Totem Webcasters is not obligated to verify the accuracy of any information contained on Customer's page or verify that the information is any other way proper and acceptable, provided, however, that Totem Webcasters reserves the right to:
• A.) Modify or delete any information or graphics supplied by Customer in order to comply with current and future technical limitations and business requirements of the Internet service.
• B.) Modify, delete or suspend dissemination or display of any information or graphics supplied by Customer if Totem Webcasters receives any complaints about Customer's information or advertising:
• (i) being false, deceptive, unfair or inaccurate;
• (ii) violating another's intellectual property right; or
• (iii) containing language which defames or libels another or another's works.
• C.) Suspend dissemination and display of the Customer's Internet page, if Customer has not made a payment as required by this Agreement, or if Totem Webcasters determines that the information on the Customer's Internet page will damage the reputation of Totem Webcasters.

2. Security

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Totem Webcasters will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Totem Webcasters is not liable for any usage and or charges prior to Totem Webcasters making the necessary account alteration. Electronic mail on this system is as private as we can make it. Totem Webcasters' Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted -- and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

Totem Webcasters is not responsible for any Customer's personal files residing on Totem Webcasters systems. The Customer is responsible for independent backup of the Customer's data that is stored onTotem Webcasters' servers. Totem Webcasters reserves the right to delete any Customer's personal files after one or both parties terminates the service agreement between Totem Webcasters and the Customer.

4. Non-Transferability of Account

The right to use Totem Webcasters' Internet service is not transferable. Use of Totem Webcasters accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by Totem Webcasters (i.e., IP addresses and Class C address space) are the property of Totem Webcasters and are considered to be loaned to its customers. In the event service with Totem Webcasters is discontinued for any reason, such addresses will revert to Totem Webcasters. If a Customer of Totem Webcasters participates in a service of Totem Webcasters which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by Totem Webcasters.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of Illinois, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Totem Webcasters service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Totem Webcasters' servers. The Customer shall defend, indemnify and hold harmless Totem Webcasters from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Totem Webcasters service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Totem Webcasters or Totem Webcasters' Acceptable Use Policies. At Totem Webcasters' discretion, Totem Webcasters may revoke any Customer's access to Totem Webcasters services or accounts for inappropriate usage.

6.1
Customer represents and warrants to Totem Webcasters that Customer owns or otherwise has the right to display and disseminate the information and content provided on the Customer's Internet page, and that such information and content does not infringe on the intellectual property rights of any third party. Customer represents and warrants that it has obtained, and currently has, any and all grants of rights from third parties which may be required to display text, graphics or other materials in the information contained on Customer's Internet page.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by Totem Webcasters and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Totem Webcasters reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Totem Webcasters Customer as described in (a) and (b) below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic, according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate, including articles used for marketing or promoting a site which resides on the Totem Webcasters network (Inappropriate Postings).
(b) Sending Unsolicited Business Emails (Spam) from Totem Webcasters' Network. Spam is defined as 20 or more unsolicited messages sent simultaneously.
(c) Engaging in either Inappropriate Postings (a) or Spam (b) from a provider other than Totem Webcasters for the express purpose of marketing a site which resides on the Totem Webcasters network, or promoting a site on Totem Webcasters' network through Spam from a non-related network. These tactics are defined as Spamvertisement.
(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Totem Webcasters.
(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(h) Use of IRC bots or clonebots on Totem Webcasters, whether on IRC servers controlled by Totem Webcasters or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the regular workings of Totem Webcasters' systems or network connections or which adversely affect the ability of other people or systems to use Totem Webcasters services or the Internet, including, but not limited to:
1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other Totem Webcasters system;
2. any use of this or any other Totem Webcasters system as a staging ground to disable other systems.

(j) Any activity which violates the laws or statutes of the United States or the State Illinois.

8. Excess Utilization of System or Network Resources

Totem Webcasters account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Totem Webcasters determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Totem Webcasters to adversely affect Totem Webcasters' ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-mail as soon as practicable.

9. Compliance with Rules of Other Networks

Any access to other networks connected to Totem Webcasters' Internet service must comply with the rules for that other network as well as with Totem Webcasters' rules.

10. Monitoring/Privacy

Totem Webcasters reserves the right to monitor any and all communications through or with Totem Webcasters facilities. Customer agrees that Totem Webcasters is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Totem Webcasters employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Totem Webcasters also reserves the right to access a Customer's mailbox or other files stored on Totem Webcasters systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

Totem Webcasters reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

Totem Webcasters will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Totem Webcasters' judgment as to the validity of any court order of subpoena shall be considered proper and final.

13. Totem Webcasters' Right to Suspend or Cancel Account

Totem Webcasters reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Totem Webcasters that the Customer may be performing activities harmful to Totem Webcasters or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages

Totem Webcasters reserves the right to collect damages (software, hardware and man hours) if any harm is done to Totem Webcasters which requires repair or reconfiguration of any kind.

15. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action Totem Webcasters may take or remedies available to Totem Webcasters in any way with respect to any of the described conduct. Totem Webcasters reserves the right to take any additional actions Totem Webcasters may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Totem Webcasters service, and levying cancellation charges to cover Totem Webcasters' costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Totem Webcasters reserves at all times all rights and remedies available to Totem Webcasters with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Totem Webcasters reserves the right to enforce such policy or rule at its sole discretion.

16. Totem Webcasters' Right to Change Service

Totem Webcasters reserves to right to change without notice the Totem Webcasters service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. Totem Webcasters' Right to Modify its Acceptable Use Policies

Totem Webcasters may modify its Acceptable Use Policies upon notice published online via Totem Webcasters. Customer's use of Totem Webcasters services after such notice shall constitute Customer's acceptance of the modifications to these policies.

18. Indemnifications

Customer agrees to defend, indemnify and hold harmless Totem Webcasters and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:
• A.) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any branch of:
• (i) any Customer warranties, representations, or covenants hereunder;
• (ii) inaccuracy of any information, including false advertising claims and unfair competition claims;
• (iii) claims and investigations made by any Federal or State agency arising out of information contained on the Customer's Internet page.
• B.) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).

19. Miscellaneous Provisions

19.1 - Prevention of Performance
The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.
19.2 - Entire Agreement
This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.
19.3 - Severability
The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable.
19.4 - Amendments
No modification, change, or alteration of this Agreement shall be effective unless in writing and signed by the parties hereto.
19.5 - Waiver
Failure by either party to insist upon the strictest performance or observance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.
19.6 - Notices
Any and all written notices, communications, or payments shall be made to the respective parties at their addresses indicated in the first paragraph of this Agreement or at such other address as a party may indicate in a written notice to the other party to this Agreement.
19.7 - Governing Law
This Agreement shall be governed by the internal laws of the State of Illinois and the parties hereto agree that the courts in the State of Illinois shall have exclusive jurisdiction for any claims or disputes which may arise hereunder.