User(s) violate the AUP, AT&T may, depending on the nature and severity of the violation, suspend or terminate service, as specified below.

Customer may have access through the AT&T network(s) and Service(s) to search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP.

AT&T is aware that some of its Customers are, themselves, providers of Internet based services, and that information reaching AT&T network(s) or facilities from those Customers may have originated from the AT&T Customer or from another third-party. AT&T reserves the right to take action against AT&T Customer and directly against such Customers’ subscribers, even though the AT&T’s corrective action may affect other non-offending subscribers of the AT&T Customer.

AUP Enforcement and Notice

Customer’s failure to observe the guidelines set forth in this AUP may result in AT&T taking actions anywhere from a warning to a suspension of privileges or termination of your Service(s). AT&T reserves the right, but does not assume the obligation, to strictly enforce the AUP. When feasible, AT&T may provide Customer with notice of an AUP violation via e-mail or otherwise and demand that such violation is immediately corrected.

However, AT&T reserves the right to act immediately and without notice to suspend or terminate IP Service(s) in response to a court order or other legal requirement that certain conduct should be stopped or when AT&T determines, in its sole discretion, that the conduct may: (1) expose AT&T to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of AT&T’s network(s) or facilities, (3) interfere with another person’s use of AT&T’s IP Service(s) or the Internet, or (4) otherwise present a risk of harm to AT&T or AT&T Customers or other parties AT&T interconnects with.

AT&T’s decisions with respect to interpretation of the AUP and appropriate remedial actions are final and determined by AT&T in its sole discretion. AT&T may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. AT&T assumes no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.

AT&T does not, as an ordinary practice, proactively monitor the activities of those who use its IP Service(s) or exercise any editorial control over any material transmitted, hosted or posted using IP Services to ensure that its Customers comply with the AUP and/or the law, although it reserves the right to do so. If AT&T is alerted to violations or potential violations of this AUP, AT&T will take whatever measures it deems necessary and appropriate to stop or prevent such violations including the actions described in this AUP. For example, AT&T may in its sole discretion refuse to transmit, screen, or editing content prior to delivery of the IP Service(s), block access to certain categories of numbers or certain sites as AT&T determines needed to enforce these policies.

If your Service is suspended or terminated for any AUP violation, you must get written approval from the AT&T Abuse Team (outside of the normal ordering process) prior to reactivating or

NOOK User Guide

Policies

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