One 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 customers obtain information through the Internet, they must keep in mind that Orionseed Co. cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer 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 Orionseed Co. cannot monitor or censor the Internet, and will not attempt to do so, Orionseed Co. cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that Orionseed Co. does not review, edit, censor, or take responsibility for any information its customers 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 Orionseed Co.'s affiliated or parent network and may reach a large number of people, including both customers and non customers of Orionseed Co., customers' postings to the Internet may affect other customers and may harm Orionseed Co.'s goodwill, business reputation, and operations. For these reasons, customers violate Orionseed Co. policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. Orionseed Co. will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with Orionseed Co. policy or applicable law. When Orionseed Co. 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.

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

Orionseed Co. also 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, Orionseed Co. urges its customers to assume that all of their on-line communications are insecure. Orionseed Co. cannot take any responsibility for the security of information transmitted over Orionseed Co.'s facilities.

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

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