An important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that HMI Industries Inc. cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because HMI Industries Inc. cannot monitor or censor the Internet, and will not attempt to do so, HMI Industries Inc. cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that HMI Industries Inc. does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over HMI Industries Inc.'s network and may reach a large number of people, including both subscribers and non-subscribers of HMI Industries Inc., subscribers' postings to the Internet may affect other subscribers and may harm HMI Industries Inc.'s goodwill, business reputation, and operations. For these reasons, subscribers violate HMI Industries Inc. policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet. It is harmful not only because of its negative impact on consumer attitudes toward HMI Industries Inc., but also because it can overload HMI Industries Inc.'s network and disrupt service to HMI Industries Inc. subscribers. Also, maintaining an open SMTP email relay is prohibited. When a complaint is received, HMI Industries Inc. has the discretion to determine from the evidence whether the email recipients were from an "opt-in" email list. A person that transmits an electronic mail advertisement shall include in such transmission:
(a) The person's name and complete residence or business address and the electronic mail address of the person transmitting the electronic mail advertisement;
(b) A notice that the recipient may decline to receive from the person transmitting or causing to be transmitted the electronic mail advertisement any additional electronic mail advertisements and a detailed procedure for declining to receive any additional electronic mail advertisements at no cost. The notice shall be of the same size of type as the majority of the text of the message and shall not require that the recipient provide any information other than the receiving address.
(c) If the recipient of an electronic mail advertisement uses the procedure contained in the notice described in (b) of this section to decline to receive any additional electronic mail advertisements, the person that transmitted or caused to be transmitted the original electronic mail advertisement, within a reasonable period of time, shall cease transmitting or causing to be transmitted to the receiving address any additional electronic mail advertisements.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. HMI Industries Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also HMI Industries Inc.'s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

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

Defamatory or Abusive Language -- Using HMI Industries Inc.'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).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- 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.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- HMI Industries Inc. reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in 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.

Other Activities -- Engaging in activities, whether lawful or unlawful, that HMI Industries Inc. determines to be harmful to its subscribers, operations, and reputation, goodwill, or customer relations.

Responsibility for avoiding the harmful activities described rests primarily with the subscriber. HMI Industries Inc. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with HMI Industries Inc. policy or applicable law. When HMI Industries Inc. becomes aware of harmful activities, however, 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.

HMI Industries Inc. is aware that many of its subscribers are also providers of Internet services, and that information reaching HMI Industries Inc.'s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. HMI Industries Inc. does not require its subscribers who offer Internet services to monitor or censor transmissions or Web sites created by customers of its subscribers. HMI Industries Inc. reserves the right to take action directly against a customer of a subscriber. Also, HMI Industries Inc. may take action against the HMI Industries Inc. subscriber due to activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, HMI Industries Inc. anticipates that subscribers who offer Internet services will cooperate with HMI Industries Inc. in any corrective or preventive action that HMI Industries Inc. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of HMI Industries Inc. policy.

HMI Industries Inc. is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, HMI Industries Inc. urges its subscribers to assume that all of their on-line communications are insecure. HMI Industries Inc. cannot take any responsibility for the security of information transmitted over HMI Industries Inc.'s facilities.

HMI Industries Inc. will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. HMI Industries Inc. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HMI Industries Inc. may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a Web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. HMI Industries Inc. assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. HMI Industries Inc. may disclose subscriber information or information transmitted over its network where necessary to protect HMI Industries Inc. and others from harm, or where such disclosure is necessary to the proper operation of the system.

HMI Industries Inc. expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate HMI Industries Inc. policy. Finally, HMI Industries Inc. wishes to emphasize that in signing the service agreement, subscribers indemnify and hold HMI Industries Inc. harmless, for any violation of the service agreement, law, or HMI Industries Inc. policy that results in loss to HMI Industries Inc. or the bringing of any claim against HMI Industries Inc. by any third-party. This means that if HMI Industries Inc. is sued because of a subscriber's activity, or the activity of a customer of a subscriber, the subscriber will be responsible for any damages awarded, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including HMI Industries Inc. and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@filterqueen.com.