Introduction and Purpose
This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of FROSTBYTE INTERACTIVE, INC. D/B/A HIGHER LEVEL MEDIA ("HIGHER LEVEL MEDIA") As a provider of web site hosting and other Internet-related services, HIGHER LEVEL MEDIA offers its customers (also known as "Subscribers"), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. HIGHER LEVEL MEDIA respects that the Internet provides a forum for free and open discussion and dissemination of information, however when there are competing interests at issue, HIGHER LEVEL MEDIA reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, HIGHER LEVEL MEDIA has developed an Acceptable Use Policy ("AUP"). Its purpose is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Subscriber privacy, and other factors affecting the services provided by HIGHER LEVEL MEDIA. This AUP supplements and explains certain terms of each subscriber's respective service agreement and is intended as a guide to the subscriber's rights and obligations when utilizing HIGHER LEVEL MEDIA's services. The AUP is not an all inclusive exhaustive list and HIGHER LEVEL MEDIA reserves the right to modify the AUPs at any time as needed, effective upon either the posting of the modified AUPs to http://www.host.co.tt/ or notification to the Subscriber via email. A subscriber's use of HIGHER LEVEL MEDIA's services will constitute the subscriber's acceptance of any and all terms of the AUP and the subscriber's service agreement.

Any violation of the AUPs may result in the suspension or termination of your account or such other action as HIGHER LEVEL MEDIA deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM HIGHER LEVEL MEDIA.

Compliance with Law
subscribers shall not post, transmit, retransmit or store material on or through any of Services or Products which, in the sole judgment of HIGHER LEVEL MEDIA (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Subscribers. Subscribers shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. HIGHER LEVEL MEDIA investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of server or network security violations include, without limitation, the following:

1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).
2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Subscriber is not an intended recipient or logging into a serve or account that the Subscriber is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
3. Executing any form of network activity that will intercept data not intended for the Subscriber's server.
4. Circumventing user authentication or security of any host, network or account.
5. Interfering with or denying service to any user other than the Subscriber's host (example: denial of service attack or distributed denial of service attack).
6. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
7. Failing to comply with HIGHER LEVEL MEDIA's procedure relating to the activities of Subscribers on HIGHER LEVEL MEDIA's premises.

Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $250 USD per hour required. Network interference by any Subscribers that may cause or is currently causing network interference with another Subscriber will be disconnected immediately. No service credits will be issued to Subscribers disconnected for network violations.

Prohibited Activities
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 subscribers obtain information through the Internet, they must keep in mind that HIGHER LEVEL MEDIA 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 HIGHER LEVEL MEDIA cannot monitor or censor the Internet, and will not attempt to do so, HIGHER LEVEL MEDIA 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 HIGHER LEVEL MEDIA does not review, edit, 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 HIGHER LEVEL MEDIA's network and may reach a large number of people, including both subscribers and non-subscribers of HIGHER LEVEL MEDIA, subscribers' postings to the Internet may affect other subscribers and may harm HIGHER LEVEL MEDIA's goodwill, business reputation, and operations. For these reasons, subscribers violate HIGHER LEVEL MEDIA policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

SPAM -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward HIGHER LEVEL MEDIA, but also because it can overload HIGHER LEVEL MEDIA's network and disrupt service to HIGHER LEVEL MEDIA subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, HIGHER LEVEL MEDIA has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

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 or engaging in activity that violates privacy, publicity, or other personal rights of others. HIGHER LEVEL MEDIA is required by law to remove or block access to subscriber content upon receipt of a proper notice of copyright infringement. It is also HIGHER LEVEL MEDIA's policy to terminate the privileges of subscribers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using HIGHER LEVEL MEDIA's network to advertise, transmit, store, post, display, or otherwise make available pornography or obscene speech or material. HIGHER LEVEL MEDIA is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through HIGHER LEVEL MEDIA's network. It is HIGHER LEVEL MEDIA’s policy to terminate the privileges of subscribers who commit repeat violations of this obscenity clause.

Defamatory or Abusive Language -- Utilizing HIGHER LEVEL MEDIA'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 included is 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, mail bombing, 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, mail bombing, 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.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including but not limited to advertising, transmitting, or otherwise making available pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that HIGHER LEVEL MEDIA determines to be harmful to its reputation, subscribers, operations, goodwill, or customer relations.

Subscriber Responsibilities
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. HIGHER LEVEL MEDIA will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with HIGHER LEVEL MEDIA policy or applicable law. When HIGHER LEVEL MEDIA 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.

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

HIGHER LEVEL MEDIA 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, HIGHER LEVEL MEDIA urges its subscribers to assume that all of their on-line communications are insecure. HIGHER LEVEL MEDIA cannot take any responsibility for the security of information transmitted over HIGHER LEVEL MEDIA's facilities.

HIGHER LEVEL MEDIA 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. HIGHER LEVEL MEDIA may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, HIGHER LEVEL MEDIA 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. HIGHER LEVEL MEDIA 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. Finally, HIGHER LEVEL MEDIA may disclose subscriber information or information transmitted over its network where necessary to protect HIGHER LEVEL MEDIA and others from harm, or where such disclosure is necessary to the proper operation of the system.

HIGHER LEVEL MEDIA 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 HIGHER LEVEL MEDIA policy. Finally, HIGHER LEVEL MEDIA wishes to emphasize that in signing the service agreement or utilizing any HIGHER LEVEL MEDIA service, subscribers indemnify HIGHER LEVEL MEDIA for any violation of the service agreement, law, or HIGHER LEVEL MEDIA policy that results in loss to HIGHER LEVEL MEDIA or the bringing of any claim against HIGHER LEVEL MEDIA by any third-party. This means that if HIGHER LEVEL MEDIA is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against HIGHER LEVEL MEDIA, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including HIGHER LEVEL MEDIA and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to Abuse Department.