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 RTC on Line 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 RTC on Line cannot monitor or censor the Internet, and will not attempt to do so, RTc on Line 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 RTC on Line does not review, edit, censor, 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 RTC on Line's network and may reach a large number of people, including both subscribers and nonsubscribers of RTC on Line, subscribers' postings to the Internet may affect other subscribers and may harm RTC on Line's goodwill, business reputation, and operations. For these reasons, subscribers violate RTC on Line 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 subscriber. RTC on Line will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with RTC on Line policy or applicable law. When RTC on Line becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to shutting down a web site and/or server, or take any other action it deems appropriate.

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

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

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

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

Any complaints about a subscriber's violation of this AUP should be sent to abuse@rtcol.com