Acceptable Use Policy

EnergyNet Policy

It is the policy of EnergyNet to provide its subscribers access to the broadest possible number of organizations connected to the Internet. This is accomplished through connectivity to one or more state, multi-state regional or national backbone networks. With the exception of information specifically authored by or on behalf of EnergyNet, EnergyNet does not develop or publish, nor does EnergyNet review, censor or edit the materials and information which are accessible through the EnergyNet service networks, or the materials and information which are accessible through the other computer networks which may be connected to the EnergyNet service networks. The persons and organizations, including EnergyNet subscribers, who publish materials and information which are accessible through the EnergyNet service networks are solely responsible for the content of such materials and information and are solely responsible to know and to comply with all laws applicable to the publication of such materials and information. EnergyNet does not accept responsibility for the content of the materials and information published by others, which are accessible through the EnergyNet service networks and does not accept responsibility for the violation of any laws resulting from such publication.

EnergyNet Guidelines

It is the responsibility of all EnergyNet subscribers and their constituents who have access to the EnergyNet service networks and to the networks of other providers, to comply with the EnergyNet Acceptable Use Policy and the acceptable use policies governing those networks. The following guidelines are part of the EnergyNet Acceptable Use Policy:

1. EnergyNet considers the complaints and comments from other users on the EnergyNet system, as well as those of system administrators from other Network Service Providers. Comments may be e-mailed to hesisp@hop-electric.com. We will take immediate action against any EnergyNet subscriber who abuses any of our facilities or services. Abuse of our system(s) carries a further penalty of US$1000 or US$500 per man-hour required restoring our system(s) to its previous operational order, whichever is greater. Some of the types of conduct which is inappropriate on the Internet, and thus prohibited while using your EnergyNet account, are (a non-exhaustive list):
• Sending unwanted/unsolicited commercial e-mail ("UCE"). This activity is often called "spamming". Simply posting a clause at the end of any bulk e-mail requesting that the user respond in the event that they want to be removed from a bulk e-mail DOES NOT make your bulk e-mail solicited. Neither does any claim that the list is "targeted" to a select group of people. A thorough explanation of why this activity is a problem can be found at http://spam.abuse.net.
• Posting "chain letters" is *illegal* under federal and state law, and they are inappropriate on paper and on the Internet. "Make money fast" or "get rich quick" messages are also inappropriate -- even if it says it's legal, it isn't, and is covered under chain letter laws.
• E-mailing or posting messages that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
• Upload, post, email, otherwise transmit or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
• Upload, post, email, otherwise transmit or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
• Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
• Gaining unauthorized access to any network, either by use of an access account that is not yours, or by engaging in otherwise illegal methods.
• Making available copyrighted software or other Content that has had the copyright protection removed.
• Making available serial numbers for software that can be used to illegally validate or register software.
• Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
• Making available any software files for which the user does not own the copyright or have the legal right to make available
• Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the EnergyNet network.
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
2. In addition to this document, the provisions of all applicable laws apply to your use of EnergyNet facilities.
3. Users that access the Internet through EnergyNet services must conform to the Acceptable Use Policies of the Network Service Providers whose networks they access.
4. EnergyNet will review all complaints or instances of inappropriate use brought to our attention and will decide what action to take, which action may be termination of your EnergyNet account.
5. If you have any complaints about another subscriber's use of EnergyNet facilities, or if you are subjected to any inappropriate use of EnergyNet facilities, contact our office immediately. You may send e-mail to hesisp@hop-electric.com.
6. The services provided to you by EnergyNet may only be used in accordance with applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement, communication, alteration, publication or storage of any information, protected material or property, data or any other material in violation of any national law of any sovereign nation, any International law, the United States Code, or of any state or local law, regulation or rule is strictly prohibited. This includes, but is not limited to, any material, data, matter, software/soft code, intellectual property protected by copyright, trademark, privacy or property right, personal or property right, trade secret, or any statute. Further, it is unlawful and a violation of this document to communicate, transmit, or promulgate in any manner, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort, or to otherwise use EnergyNet services for any illegal of unlawful purposes.
7. You agree that you will indemnify and hold harmless EnergyNet, its owners, officers, shareholders, agents, employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of action, attorney fees, litigation and court costs, resulting from use of EnergyNet services using your identification in any manner, whether directly or indirectly or by any act of omission or commission.
8. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining (1) to your use of any EnergyNet service, and (2) the communications means by which you connect your terminal, personal computers or other device to EnergyNet services or to any services provided by EnergyNet.
9. The rights herein granted cannot be transferred, shared, sold, or used by anyone other than you. Only one login session can be used at any time on any system account. If you have multiple accounts, you are limited to one login session per system account at any time. Accounts that have been transferred to other parties or show other activity in violation of this paragraph are subject to immediate cancellation.
10. EnergyNet has the right to delete all e-mail, data files, or other information that is stored in your account if either you or EnergyNet terminate your EnergyNet account, for any reason.
11. EnergyNet has the right to suspend or cancel your account at any time, for reasonable cause, without notice. "Cause" includes, but is not limited to, nonpayment for services; violation of this document; and use of your account to engage in violation of any federal, state or local law.
12. No warranty is made by EnergyNet regarding any information, services or products provided through, in connection with, or located on the computer systems of EnergyNet or any other services provided by EnergyNet, and EnergyNet hereby expressly disclaims any and all warranties, including without limitation (i) any warranties as to the availability of EnergyNet products or services, or the accuracy of content or information, products; and (ii) any warranties of merchantability or fitness for a particular purpose.
13. EnergyNet shall have no liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge or damage or interference, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of records whether for breach of contract, tortuous behavior, negligence. When awarded, damages shall be strictly limited to the amount paid by you or on your behalf to EnergyNet for the current month.
14. No agent, employee, or representative of EnergyNet has any authority to bind EnergyNet to any affirmation, representation, or warranty concerning the services provided by EnergyNet.
15. It is your responsibility to censor or regulate the access to data available to your children, and it is not the responsibility of EnergyNet, its owners, or employees. You are also responsible for the activities of your children on the Internet, and may be held liable for any illegal or damaging activity conducted by them on-line.

Each EnergyNet subscriber shall be responsible to distribute, publicize and enforce the EnergyNet Acceptable Use Policy at their sites. In addition, each EnergyNet subscriber shall provide this policy to appropriate administrative authorities at all sites connected to theirs via connections not directly supported by EnergyNet.

Even though EnergyNet does not review, censor or edit the materials and information which are accessible on the EnergyNet service networks or other networks which may be connected to the EnergyNet service networks, if EnergyNet becomes aware that a EnergyNet subscriber is in violation of the law or this Acceptable Use Policy, EnergyNet reserves the right to impose disciplinary action up to and including, the expulsion of the subscriber from EnergyNet, termination of EnergyNet services, and forfeiture of all dues and fees paid to date. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.

EnergyNet is not a law enforcement agency and has no duty or responsibility to enforce the law. EnergyNet shall have no liability to any subscriber or third party for failure or neglect to enforce this Acceptable Use Policy.

EnergyNet reserves the right to modify this policy at any time. Members and subscribers will receive prompt notification of all modifications. Reproduction of this document for the purposes of distribution to aid compliance is permitted.