Spielberg.Grossman.COM Acceptable Use Policy

SPIELBERG.GROSSMAN.COM USER AGREEMENT

Spielberg.Grossman.COM is a service provided by Matthew J. Grossman, hereinafter referred to as the "Operator." This User Agreement details your obligations as a user of Spielberg.Grossman.COM and the conditions under which you are permitted to access this Internet site and associated services. Your use of Spielberg.Grossman.COM constitutes your acceptance of this contract. Please read this document carefully and refer to it as necessary.

PROVISION OF SERVICE

1. Application. Every provision of this User Agreement applies to your Principal Account and to any Associate Accounts. The Operator may terminate your account(s) without notice. You may terminate your account(s) at any time by sending an e-mail to Matthew@Grossman.COM.

2. Non-Transferable. The benefits conferred upon you by this Agreement are not transferable. Use of Spielberg.Grossman.COM accounts are expressly limited to the individual whose name appears on the account.

3. Resale. Resale of Spielberg.Grossman.COM services, including but not limited to shell access and web space, without the written consent of the Operator is strictly forbidden.

4. Acceptable Use and Modifications. You agree to abide by Spielberg.Grossman.COM's Acceptable Use Protocol and by the acceptable use policies of any other network that you may access. This Agreement may be changed or modified from time to time by the Operator. Notice of such changes may be provided on-line or by mail. Your use of any Spielberg.Grossman.COM service following the implementation of changes to this Agreement shall constitute your acceptance of any such modification.

5. Passwords. Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. The Operator will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen or otherwise compromised.

6. Equipment. You are responsible for providing all telephone, modem and other equipment and services required to access Spielberg.Grossman.COM. The Operator assumes no liability for any telephone charges incurred by you in accessing Spielberg.Grossman.COM.

7. Subscriber Privacy. The Operator may access your account, including its contents to (1) conform to legal requirements or comply with legal process, including subpoenas from law enforcement agencies; (2) protect and defend the rights or property of the Operator; (3) enforce the Acceptable Use Protocol or this Agreement; (4) act to protect the interests of subscribers or others or (5) to respond to service or technical issues.

8. Modification of Service. The Operator reserves the right, with or without notice to you, to change any Spielberg.Grossman.COM service, including, but not limited to hours of operation, menu structures, access procedures, software commands, documentation, vendors and other services.

9. Limits on Use. The Operator may restrict which programs may be executed on its shell server and may terminate, without warning, any user initiated program. The Operator reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space. The Operator reserves the right to restrict access to your web page by file transfer frequency or size.

The Operator reserves the right to delete or modify any file stored in temporary space on its machines.

The Operator reserves the right to delete e-mail messages stored on its servers 60 days after receipt of any given message or which exceed the storage capacity allotted to each account.

LIMITATION AND DISCLAIMER OF LIABILITY.

Your use of Spielberg.Grossman.COM, including your storage of information, is at your sole risk. THE SPIELBERG.GROSSMAN.COM SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

You understand and agree the Internet is not in any way under the control of the Operator. At various Internet sites, you may encounter obscene and offensive material; you agree that the Operator has no responsibility for, nor any control over, any information accessed by you on the Internet. While you may deem some information obscene, sexually explicit or offensive, you use the Internet at your own risk and hold the Operator harmless from any claims resulting from your use of the Internet.

The Operator is not responsible for content provided to you from mirrored services on its servers. This includes, but is not limited to, USENET news articles and FTP mirrors.

On Spielberg.Grossman.COM, e-mail is available for use as an electronic messaging system to and among other users, and as a gateway for e-mail to the Internet. Because of the public nature of the Internet, all e-mail should be considered accessible by other people using the Internet. The Operator does not and cannot guarantee the privacy of e-mail or of personal directories. E-mail messages sent via Spielberg.Grossman.COM are communications between you and others, and the Operator have neither the authority nor the responsibility to regulate their content. The views and comments expressed by Spielberg.Grossman.COM Users are solely those of their authors and do not reflect any review, approval or endorsement by the Operator.

No oral advice or written information given to you by the Operator, their agents, third party providers, other members, licensors or the like, shall create any warranty.

Neither the Operator nor any of its information providers, licensors or agents warrant either the results obtained from the service or the accuracy, reliability or content of any information, service or products provided or that Spielberg.Grossman.COM will be uninterrupted, error free or virus free.

Neither the Operator nor anyone else involved in creating, producing or delivering Spielberg.Grossman.COM services shall be liable for any direct, incidental, special or consequential damages arising out of the use of Spielberg.Grossman.COM, or the inability to use Spielberg.Grossman.COM, even if we or they have been advised of the possibility of such damages. Any combined liability of any of the foregoing arising out of this Agreement shall be strictly limited to no more US$1.00. The foregoing limitation shall apply whether a claim is based on breach of contract, tort (including negligence), tortious behavior, breach of warranty, theory of strict liability, or any other cause of action. This section shall apply to all content, products or services available directly or indirectly through Spielberg.Grossman.COM.

ACCEPTABLE USE PROTOCOL.

The Operator reserves the right to terminate your Spielberg.Grossman.COM account for a violation(s) of any provision of Spielberg.Grossman.COM's Acceptable Use Protocol.

1. Illegal Acts. Services provided to you through Spielberg.Grossman.COM, including Internet access, may only be used for lawful purposes. The transmission or storage of any information, data or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited.

2. Prohibited Speech. You will not transmit or store any information, data or material that is legally defined as threatening, libelous, hateful or obscene.

3. Advertising. Use of Spielberg.Grossman.COM for advertising or promotion of a commercial product or service without the express, written consent of the Operator is prohibited. Personal web space may not be used in any attempt to sell a product or service.

4. Gambling. The transmission of chain letters, the conduct or promotion of gaming or lotteries, and the conduct or promotion of any illegal activity via Spielberg.Grossman.COM is strictly forbidden.

5. Denial of Service Attacks. The Operator prohibits any and all conduct that intends to disrupt ability of any individual, business or machine to access the Internet ("denial of service"). This includes, but is not limited to: ICMP flooding, SYN flooding, "smurfing", and UDP flooding.

6. Forgery. Forging e-mail, USENET posting or IP packet header information is expressly forbidden.

7. Impersonation. Attempts to impersonate the Operator or any other Internet user in chat rooms, e-mail messages or in person will result in immediate account termination.

8. Interference. You will make no attempts to cancel, supercede, or otherwise interfere with e-mail or USENET posts other than your own.

9. Use of Servers. You agree not to run server processes (including, but not limited to, web servers, ftp servers, IRC "bots", etc.) from your shell account without prior written authorization from the Operator. Additionally, you agree not to run "proxy" software to allow multiple users to connect to other services through Spielberg.Grossman.COM without prior written authorization from the Operator.

10. Unsolicited Commercial E-mail ("Spam"). You will not use an account at another provider to promote a Spielberg.Grossman.COM web site or e-mail address in an abusive manner. This includes, but is not limited to, posting off-topic USENET and e-mail messages with a Spielberg.Grossman.COM return address. You agree not to conduct any activity which will aid in the violation of this or any other Provider's user agreement. This includes, but is not limited to, collection of e-mail addresses for purposes of sending unsolicited e-mail to them. You agree not to send unsolicited e-mail messages. A message is unsolicited if it is sent to a recipient who has not requested said message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. You agree not to maintain mailing lists from your Spielberg.Grossman.COM account in excess of 50 recipients, except using Spielberg.Grossman.COM's listserv facilities without prior written authorization from the Operator.

11. Off-Topic Posting. You may find news groups or other electronic mailing lists on Spielberg.Grossman.COM which focus on a particular topic or set of topics. Postings not related to such topic(s) are not welcomed by the participants. Posting patently inappropriate material may result in the suspension or termination of your Spielberg.Grossman.COM account.

12. Circumventing Security. You agree not to attempt to circumvent user authentication or security of any host, network or account or to probe the security of any host, network or account.

13. Harassment. The Operator does not condone harassment, whether through language, frequency or size of messages or in any form, and may suspend or terminate your account if it has been shown you have harassed others. At the same time, Spielberg.Grossman.COM does not assume any liability for harassing, libelous, slanderous, obscene, hateful or objectionable postings made by Spielberg.Grossman.COM participants.

14. Storage of Software. Software intended to facilitate violations of this agreement may not be stored on the Operator's machines.

This list is not exhaustive. We reserve the right to prohibit conduct which we deem, in our sole discretion, to be harmful to individual users or damaging to the communities that make up Spielberg.Grossman.COM and the Internet and you agree to abide by any additional rules of conduct we may adopt from time to time. We cannot, and do not intend to, screen or monitor all communications and other material for adherence to our standards. However, we reserve the right (but are not obligated) to review, delete or edit any material placed on Spielberg.Grossman.COM.

COPYRIGHT INFRINGEMENT

1. You may not submit copyrighted material to Spielberg.Grossman.COM without the specific authority of the copyright holder; doing so is a breach of this agreement and may subject you to legal liability. You will indemnify us from all claims arising from your submissions.

2. You may not transmit, route, provide connections for, or store material that infringes upon the copyright of another, or use any method for circumventing a copyright protection measure. Infringement of copyright may include any use of written, pictorial, audio, video or graphic material without the express permission of the author, artist, photographer, designer or other copyright holder. For information on what may constitute copyright infringement see http://lcweb.loc.g o v /co pyright/circs/circ1.html

3. By submitting material or other information ("Your Contribution") to Spielberg.Grossman.COM, you automatically represent and warrant that the copyright holder of Your Contribution has expressly granted to us the perpetual, royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, store, publish, create derivative works from, and distribute Your Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in Your Contribution, as if Your Contribution were public domain information. You similarly permit any subscriber to download, store, manipulate, reformat, view, print and display Your Contribution for that subscriber's personal use.

4. The Operator will terminate the account of any person reasonably believed to be infringing a copyright. If you believe a Spielberg.Grossman.COM user is violating a copyright through his or her use of Spielberg.Grossman.COM, you should contact the Operator at matthew@grossman.com.

TERMINATION OF SERVICE

1. The Operator reserves the right to refuse service to anyone for any reason or for no reason and to terminate this Agreement at any time for any reason or for no reason.

2. The Operator may delete your personal files if this agreement is terminated for any reason.

INDEMNIFICATION

You agree to indemnify the Operator and hold them harmless from any claims, suits or expenses (including attorney's fees) resulting from your use of Spielberg.Grossman.COM services, or from the use of your account(s) whether authorized by you or not.

MISCELLANEOUS PROVISIONS

1. Entire Agreement, Modification and Survival. This Agreement contains the full understanding of the parties with respect to the subject matter hereof and may be amended at any time upon notice from us to you. Those provisions of this Agreement intended for our benefit will continue even after termination of your membership.

2. Interpretation and Choice of Law and Venue. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the parties' original intentions, and the remainder of this Agreement shall remain in full force and effect.

3. Jurisdiction. Materials on Spielberg.Grossman.COM (excluding linked sites) are controlled by the Operator within the state of Arizona, United States of America. They can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing Spielberg.Grossman.COM materials both you and Spielberg.Grossman.COM agree that the statutes and laws of the state of Arizona, without regard to the conflicts of laws and principles thereof, will apply to all matters relating to use of these materials. You and Spielberg.Grossman.COM also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Pima County and the United States District Court for the District of Arizona with respect to such matters. The Operator makes no representation that materials on these web sites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

4. Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor the trade practice shall modify any provision of this Agreement.

BY USING SPIELBERG.GROSSMAN.COM, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE PROVISIONS OUTLINED IN THIS AGREEMENT.