Effective as of October 17, 2011 until replaced.

THIS DOCUMENT DESCRIBES THE ACCEPTABLE USE POLICY OF PEAK INTERNET WHICH IS APPLICABLE TO YOU WHEN USING PEAK INTERNET SERVICE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR SERVICE. IF YOU ARE A NEW PEAK INTERNET CUSTOMER, YOUR ACTIVATION OF A PEAK INTERNET ACCOUNT AND RECEIPT OF PEAK INTERNET SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU.

IF YOU ARE AN EXISTING PEAK INTERNET CUSTOMER, YOUR CONTINUED RECEIPT OF PEAK INTERNET SERVICES FOLLOWING RECEIPT OR PUBLICATION BY PEAK INTERNET ON ITS WEB SITE OF THIS POLICY SHALL CONSTITUTE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS, AND, ACCORDINGLY, THEY WILL BE LEGALLY BINDING ON YOU.

THIS POLICY IS IN ADDITION TO THE SERVICE AGREEMENT, AS LISTED ON OUR WEBSITE AND INCORPORATED HEREIN BY REFERENCE.

Thank you for choosing Peak Internet as your Communications Service Provider. Peak Internet is happy to answer any questions you may have and to provide you with technical and other customer support through the following telephone number and web address:

(719) 686-0250
http://www.peakinter.net/

or you may write to:
Peak Internet
PO Box 399
Woodland Park, CO 80866-0399

and, for general knowledge, try our website at www.peakinter.net.

"Peak Internet" is a tradename of Fundamental Holdings, Corp., a Delaware corporation.

Peak Internet reserves the right to revise this Policy at any time. You may view the most up-to-date version of this Policy at www.peakinter.net. By using any of Peak Internet services, you agree to be bound by this Policy, and you must comply with this Policy in its entirety. You are responsible for your activities, you must ensure that anyone who uses the Peak Internet network or services from or through you abides by this Policy.

You are responsible for maintaining the basic security of your own computer systems and to prevent others from using your systems in a manner that violates this Policy. Peak Internet reserves the right to monitor your account activity, and violations of this Policy may result in suspension and/or cancellation of your services or such other action as Peak Internet, in its sole discretion, deems appropriate.

Relationship of Policy to Service Agreement. This Policy supplements but does not supercede or replace your Subscriber Agreement or any other contract you have entered into with Peak Internet (“User Agreements”). If your Subscriber Agreement conflicts with this Policy, the Subscriber Agreement shall govern.

Network Security. Violations of system or network security are strictly prohibited and may result in criminal and civil liability. Peak Internet will investigate incidents involving security violations and will involve and cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but are not limited to, the following:

• Tampering with other accounts or committing unauthorized intrusion into Peak Internet or others data, systems or networks, including, but not limited to, attempts to probe, scan or test the vulnerability of a system or network, interfere with Peak Internet provisioning of services to customers, or breach security or authentication measures.
• Monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
• Forging any TCP-IP packet header or any part of the header information in an e-mail, newsgroup or other transmission or posting.
• Using or attempting to use services or systems on the Internet without the owner's authorization, including: password cracking, hacking, defrauding others into releasing their passwords, and denial-of- service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.).
• Interfering with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Using services not included in your account or devising ways to circumvent security in order to access services you are not paying for

Excessive Use. You are prohibited from excessive use of system resources, and you may not use the system in a manner that encumbers system resources, bandwidth, disk space, or processors beyond what is allowed by your specific type of account. Running public server applications of any kind, including but not limited to, video or audio uploads, or FTP servers, is expressly prohibited unless otherwise provided in writing by Peak Internet. We reserve the right to monitor your account activity and take any steps we deem appropriate to prevent excessive use, including, but not limited to, the temporary throttling of your Internet connection speed. Such throttling may be automatic and without advance notice to you.

E-Mail/Spam. You may not send unsolicited commercial or informational messages (“Spam”) to any account that has not specifically requested such information or that may cause complaints from recipients. Peak Internet services should not be used to send unsolicited advertising messages to other network users, and you may not flood/Spam newsgroups, chat rooms or individual accounts with commercial or non-commercial postings. At our option and without further notice, we may use anti-Spam technologies, such as automatic word and Spam filters, that may terminate your messages without delivering them or prevent messages from reaching you. You may not send chain letters, charity requests, petitions for signatures, commercial advertising, informational announcements or unsolicited mail messages that, in Peak Internet' sole discretion, might reasonably be expected to provoke complaints. Flooding a user or site with large or numerous e-mail messages (“mail bombing”) is strictly prohibited.

Harassment. Peak Internet prohibits the transmission or posting of harassing or abusive material, including but limited to, material that is defamatory, libelous, hateful, threatening, or that may inflict emotional distress. You may not send or post private information about a person without that person's express consent.

Illegal Uses. Peak Internet facilities and services may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of any U.S. Federal, state or local regulation or law, or any international convention, regulation or treaty, is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is legally obscene, defamatory, or that constitutes an illegal threat or violates export control laws. Peak Internet reserves the right to intercept and remove any and all illegal materials upon receiving a complaint or notice of alleged illegality.

Other Networks. You must comply with the rules and regulations of any other networks directly or indirectly connected with Peak Internet.

Reselling Prohibited. You may not resell Peak Internet' products or services without written consent.

Expectation of Privacy. Privacy issues are very important to Peak Internet, but you should be aware that given the current regulatory and technical environment, you do not have an expectation of privacy in the use of our services, your account or any information associated with your account. Peak Internet cannot ensure the privacy of your communications, however, Peak Internet will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using Peak Internet services except as required to ensure proper operation of services or as otherwise authorized by law.

Use of Service at Your Own Risk. You are solely responsible for your content and communications, and the use of any information obtained via Peak Internet service is “as is” -- at your own risk. Peak Internet serves only as a passive conduit for Internet traffic and exercises no control whatsoever over the content of information passing through our services and networks. Peak Internet specifically denies any responsibility for the accuracy or quality of information obtained through our services. Transmissions over the Internet are subject to error, delay, or interruption, and Peak Internet will not be responsible or liable for any such errors, delays or interruptions.

Policy Not Exhaustive. The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this Policy, is prohibited. Peak Internet reserves the right at all times to prohibit activities that may damage our commercial reputation and goodwill or that may affect the quality of our services or ability to provide services.

Reporting Network Abuse. Please report any violations of this Policy by opening a support ticket on our website. When possible, please include details that will help us investigate and resolve the complaint.