Acceptable Use Policy

1. Terms and Conditions for Internet Access Services

A. This agreement represents the complete agreement and
understanding between Smallville Communications, Inc.,
(hereinafter called Smallville) and Customer and supersedes any other
written or oral agreement. Upon notice published on-line via Smallville,
Smallville may change these terms and conditions, and/or change the
prices charged for these services, and/or discontinue or change the
services offered.

B. We will not enable Customer's Internet access account until we
receive this form from Customer or if Customer answers "Yes" in
agreement to this same document upon first login. If Customer is
under 18 years of age this form must be signed, dated and returned
by Customers' parent or legal guardian before the account will be
activated.

2. Account and agreement term

A. This agreement shall remain in effect until Customer terminates
his/her account or Smallville terminates Customer's account. Smallville
may occasionally require new registration and account information by
Customer to continue this service. In addition, Customer shall notify
Smallville in writing or by email of any changes in the account
information, such as address or phone number.

B. Smallville reserves the right to change the terms and conditions by
notifying Customer in writing or by email at least 30 days in advance
of the effective date of the change. Use by Customer after the
effective date constitutes acceptance of the new terms and
conditions. If Customer does not agree to the new terms and
conditions, Customer may cancel this agreement at any time by giving
Smallville proper written notice in accordance with the terms and
conditions stated herein (see 3.G.).

C. Smallville reserves the right to suspend an account at any time for
any reason. If an account is suspended for reasons other than
non-payment, customer will be notified of the reason(s) by certified
mail. Customer then has ten business days to respond in writing. If
Customer does not respond within ten business days, Customer's files
will be archived for two months and Customer's account will be
terminated.

D. Smallville also reserves the right to terminate an account at any
time for any reason.

3. Billing/Terms/Termination

A. Smallville will bill Customer monthly subscription and connection
fees as set forth in Smallville's current rate schedule. This schedule
may be modified by Smallville upon 30 days notice in writing or by
email to Customer.

B. The Smallville accounting cycle begins on the first day of the
month. The Smallville accounting period is one month. Customer must
notify Smallville at least 15 working days before the next payment is
due if Customer wishes to change the method of payment. Customer
must notify Smallville at least 10 working days before the next
payment is due if Customer wishes to change type of account.

C. Service payments will be submitted in advance of receiving
services.

D. Pursuant to applicable Kansas law, if your check, draft or order is:
(a) dishonored for lack of funds or credit because the issuer has no
account with the drawee; or (b) issued in partial or complete
fulfillment of a valid and legally binding obligation and the issuer stops
payment with the intent to fraudulently defeat a possessory lien or
otherwise defraud the payee of the check. Then, (2) The amount of
damages awarded pursuant to subsection (1) [not shown] must be an
amount equal to the greater of $100 or three times the amount for
which the check or draft was issued. However, damages may not
exceed the value of the check, draft or order by more than $500. (3)
The remedy provided by this section is available only if: (a) the
person to whom the check, draft or order was issued has made
written demand, mailed to the last-known address or the address
shown on the check, to the drawer for payment of the amount of the
check, draft or order not less than 10 days before commencing the
action; and (b) the issuer has failed to tender an amount of money
equal to the amount demanded prior to the commencement of the
action.

E. Delinquent accounts are those that remain unpaid at the beginning
of the next accounting cycle.

F. Accounts that are delinquent by two weeks or more are subject to
being put on "accounting hold" and may not be used. Accounts that
are unpaid for one month automatically have their files archived.
Accounts that are unpaid for two months have their files purged.
Smallville accounts continue to accrue charges while they are on hold.
There is a service reconnection charge equal to one half the currently
charged set-up fee or $20, whichever is greater, to remove accounts
from accounting hold status.

G. Termination requests for Smallville accounts must be received in
writing via email, fax, or postal service at Smallville's main office.
Accounts will be terminated within 5 working days after the receipt of
such requests. Customer will receive a refund for any prepaid access
time not yet used. If Customer so requests, Smallville will forward
email to Customer's new email address, if any, for three months after
termination.

H. Customer is responsible for all fees up to the date of termination of
the service, except where Smallville is unable to provide services
under this agreement through its own negligence. Refunds will not be issued for partial month payments.

4. Provision of services

A. Smallville will provide services on its host computing systems to
individual Customers in exchange for payment of fees and compliance
with the terms and conditions of this document. Smallville services are
defined as the use by Customer of computing, telecommunications,
software, and information services provided by Smallville. These
services also include the provision of access to computing,
telecommunications, software, and information services provided by
others via the worldwide computer network known as the Internet.

5. Security of Accounts

A. Smallville Dial-up Direct accounts are for individual users and are
limited to a single computer/single connection at any one time.
Customer therefore agrees not to share the password or use of the
account with others, including but not limited to other family members
outside the immediate household or business associates. Customer
acknowledges that Smallville may terminate the account without
notice if the Customer does not comply.

6. Electronic Mail. As a general policy, the operators of Smallville prefer
to keep electronic mail (email) private - however:

A. Pursuant to the Electronic Communication Privacy Act of 1986 (18
U.S.C. 2701 et seq.), notice is hereby given that there are no
facilities provided by this system for sending or receiving private or
confidential electronic communications. The operators of Smallville can
read all messages left on this system, including electronic mail (email)
messages addressed to persons other than the system administrators.

B. "System administrators" and the term "Sysadmin" refers to those
persons responsible for the operation and maintenance of Smallville
and their designated agents. The system administrators reserve the
right to delete any message, regardless of whether such message has
been received by its intended recipient(s).

C. Smallville reserves the right, without limitation, to grant "Sysadmin"
status to other persons. Such persons have access to all
communications on Smallville and may have all rights of a system
administrator, including the ability to delete or change the status of
files. Smallville and their system administrators will cooperate fully
with telephone companies and law enforcement agencies to pursue
the prosecution and conviction of anyone attempting unlawful access
or anyone using this service for unlawful activities.

7. Files on or available through Smallville's computers

A. The operators of Smallville take reasonable care with regard to the
files that are available for download. However, Smallville cannot be
held responsible for the software on or available through this system.
All software is downloaded by you "as is" and you assume the entire
risk of any harm that might occur through your use of this software.

8. Offensive or Adult Materials. A. Smallville exercises no control over
the content of materials accessed through Smallville. Some materials
may be offensive or adult in nature. Customers less than 18 years of
age must have a parent or legal guardian sign this agreement,
verifying that the parent or legal guardian understands that Customer
will have access to such materials and accepts responsibility for
monitoring and/or controlling such access.

9. Use of Material. A. Customer agrees not to use Smallville services to
violate copyright or other intellectual property rights of any author or
publisher. For example, Customer may not upload or download
commercial software in violation of software license agreements.

10.Abuse of Smallville Services

A. Any use of Smallville system resources that disrupts the normal use
of the system for other Smallville Customers is considered to be abuse
of system resources and is grounds for administrative intervention.
Some examples of system abuse include spawning multiple extraneous
processes, consuming excessive amounts of memory or CPU time for
long periods of time, and staying attached to modems while not really
"active" on the line by use of "keep-alive" programs or otherwise.

B. Inactive logins will be automatically terminated after an idle time of
fifteen minutes.

C. Depending on the nature and the severity of the abuse, the user
may receive an email warning, have their processes halted, or have
their account suspended by Smallville Technical Support. Customers
who believe their activity has been misclassified may appeal to the
Smallville Technical Manager. If the misuse is unintentional, the
suspension may be rescinded following discussion with Smallville
Technical Support. If the misuse is intentional, the Customer's
account may be terminated at the discretion of the Smallville
Technical Manager, pursuant to the terms listed under section2.C.

11. Abuse of Internet Services

A. Customer agrees to use the services provided by Smallville as
permitted by applicable local, state, and federal laws. Customer
agrees, therefore, not to use these services to conduct any business
or activity or solicit the performance of any activity that is prohibited
by law.

B. Customer agrees not to use any Smallville services to obtain the
passwords of Customers on Smallville or other systems. Customer
agrees not to use Smallville services to make unauthorized attempts
to access the systems and networks of others.

I. If Customer is discovered attempting to break into our system,
Customer will have their account terminated immediately. (See 2.D.)

II. If Customer is discovered attempting to break into another system
within the State of Kansas, Customer will have their account
terminated immediately (see 2.D.), the system administrator of the
other system will be notified and Customer will be reported to the
local authorities.

III. If Customer is discovered attempting to break
into another system outside the State of Kansas, Customer will have
their account terminated immediately (see 2.D.), the system
administrator of the other system will be notified and Customer will be
reported to the Federal Bureau of Investigation.

C. Customer agrees to refrain from mass posting of the same message
to many inappropriate Usenet newsgroups (spamming). Customer
agrees to refrain from mass, unsolicited emailing. Customer agrees to
post advertisements only where appropriate, for instance in biz,
for sale, and other venues that specifically encourage or allow
advertising. Customer agrees to respect the conventions of the
newsgroups, lists and networks to which the Customer is posting,
including rules more restrictive than, but not limited to the above.

D. Customer agrees to abide by Smallville's interpretation of the
above. If Customer needs help interpreting or applying these rules,
Customer should ask Smallville support staff (support@toto.net) for
assistance.

12. Discovering and Reporting Abuse. A. Violations of the Smallville
conditions of use are unethical and may in some cases be criminal
offenses. You are expected to report to Smallville any information you
may have concerning instances in which the conditions of use have
been or are being violated. When Smallville becomes aware of possible
violations, we will initiate an investigation. At the same time, in order
to prevent further possible unauthorized activity, Smallville may
suspend access to services to the individual account in question.
Confirmation of violations may result in termination of the individual
account and/or criminal prosecution. The account suspension may be
rescinded at the discretion of the Smallville Technical Manager,
following payment of a reconnection charge. B. Smallville reserves the
right to monitor Customer's actions when this is necessary to
determine whether or not Customer is violating the conditions of use.

13. Warranties. A. Smallville makes no warranties of any kind, whether
expressed or implied, for its services. Smallville specifically disclaims
any implied warranties of merchantability or fitness for any particular
purpose. Smallville will not be responsible for any losses or damages
resulting from delays, nondeliveries, misdeliveries, service interruption,
or Customer's errors or omissions. Smallville will not under any
circumstances be responsible for consequential damages.

14. Jurisdiction. A. The validity, construction and performance of this
agreement shall be governed by the laws of the State of Kansas.

15. Severability

A. If any provision of this agreement is held by a court of competent
jurisdiction to be contrary to law, the remaining provisions of this
agreement will remain in full force and effect.

16. Effective date. A. This agreement shall become effective when
Customer's net access is enabled.

17. Ok, so what does all mean (without the legalese)? Pretty scary
stuff, huh? It's not as bad as it seems. This document is merely to
protect ourselves and our customers (you). We do not intend to
randomly sit and read your mail, browse through your files or watch
what you do. (Trust us... we don't have time!)

We do believe in the privacy of the users of our system and will do
everything in our power to protect it. What does this all mean? We
really don't care what you do as long as you play by the rules. Try
and screw things up and yes, we will eventually get you. We want
you to enjoy using this system and we would appreciate any
comments you may have for improving it.

Feel free to email suggestion, complaints or flames to
support@toto.net.