Grid4’s acceptable use policies (“Policies”) set forth below defines acceptable practices while using any of Grid4’s services that provide access to the Grid4 network (the “Service”). By using the Service, the customer acknowledges that the customer and users that have gained access to the Service through the customer’s account (collectively “Users”), have read, understood, and agree to abide by the Policies. The customer is responsible for violations of these Policies by any User. While it is not our intent to control or monitor the customer’s online experience or the content of the customer online communications, Grid4 may edit or remove content that Grid4 deem to be in violation of the Policies or that Grid4 otherwise deem harmful or offensive. The Policies apply to all aspects of the Service, including e-mail, USENET postings, chatting, and browsing.

The Customer is entirely responsible for maintaining the confidentiality of the customer’s password and account information, as well as the security of the customer’s network. The customer agree to indemnify, defend, and hold Grid4, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys’ fees, resulting from your violation of this Policy, misuse or abuse of the Service, or customer’s infringement, or infringement by any other user of the customer’s account, of any intellectual property or other right of any person or entity. The customer will cooperate as fully as reasonably required in Grid4’s defense of any claim. Grid4 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Grid4. You agree immediately to notify Grid4 of any unauthorized use of your account or any other breach of security known to you.

General

These Policies are designed to assist in protecting the Service, our Users, and the Internet community as a whole from improper and/or illegal activity over the Internet. Users are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community.

For the most part, simply exercising good judgment and common sense while using the Service should enable Users to remain within the purview of acceptable conduct as further described in these Policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.

Definitions

As used in this Acceptable Use Policy, the terms shall have the respective meanings set forth below: “Grid4” includes, without limitation, Grid4 Communications Inc, and any division, subsidiary, affiliate, or parent corporation of any of the foregoing. “Grid4 Network” includes, without limitation, Grid4’s networks, and all systems, services, and products that utilize, or are utilized in connection with, Grid4’s networks.

Rights of Grid4

If Users engage in conduct while using the Service that is in violation of the Policies or is otherwise illegal or improper, we reserve the right to suspend and possibly terminate the Service or the User’s access to the Service. In most cases, we will attempt to notify you of any activity in violation of the Policies and request that the User cease such activity; however, in cases where the viability of the Grid4 network is threatened or cases involving UCE/SPAM, mail relaying, alteration of customer’s source IP address information, denial of service attacks, illegal activities, harassment or copyright infringement, we reserve the right to suspend your Service or the User’s access to the Service without notification. In addition, we may take any other appropriate action, legal or otherwise, against a User for violations of the Policies, which may include termination of the Service. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of the Policies.

Conformance With Policies of Other ISP’s

In situations where data communications are carried across networks of other Internet Service Providers (ISP’s), users of the Grid4 Network must also conform to the applicable acceptable use policies of such other ISP’s.

Questions, Comments, or Complaints

If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to Grid4 at: corporate@grid4.com , subject line: Incident Report AUP. Any complaints regarding prohibited use or other abuse of the Grid4 Network, including violations of this Acceptable Use Policy, should be sent to Grid4 by e-mail

Filters

Filters against particular networks or traffic types are generally available from a variety of sources. In addition, in certain circumstances and for an applicable fee, Grid4 may be able to install other filters upon the customer’s request.

Configuration

All users of the Grid4 Network are responsible for configuring their own systems to provide the maximum possible accountability. Grid4 shall not be liable for any damage caused by such system configurations regardless of whether such configurations have been authorized or requested by Grid4. For example, users should ensure there are clear “path” lines in news headers so that the originator of a post may be identified. Users should also configure their Mail Transport Agents (MTA) to authenticate (by look-up on the name or similar procedures) any system that connects to perform a mail exchange, and should generally present header data as clearly possible. As another example, users should maintain logs of dynamically assigned IP addresses.

Resellers and Downstream Service Providers

Some users may be customers of Internet Service Providers (ISP’s.) that receive Internet connectivity through Grid4. Such ISP’s. (also known as resellers or downstream service providers) are responsible for informing their customers of this Acceptable Use Policy and for enforcing its restrictions with regard to their customers’ actions. Complaints about customers of any such reseller or downstream service provider shall be forwarded to such reseller or downstream service provider for resolution. If at any time Grid4 determines that such reseller or downstream service provider is not taking appropriate action in accordance with this Acceptable Use Policy, Grid4 shall work with such reseller or downstream service provider to review their policies and enforcement procedures. If the reseller or downstream service provider continues to fail to take appropriate action, Grid4 will take such further action as it deems appropriate, up to and including termination proceedings. Violations of this Acceptable Use Policy by a customer or end-user of a reseller or downstream service provider shall be considered violations of this Acceptable Use Policy by such reseller or downstream service provider.

Unauthorized Access/Interference

A User may not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information, or communications on any network or system without authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other users.

Users of the Grid4 Network are responsible for educating themselves and configuring their systems with at least basic security. Should systems at a user’s site be violated, the user is responsible for reporting the violation and then fixing the exploited system. For instance, should a site be abused to distribute unlicensed software due to a poorly configured FTP (File Transfer Protocol) Server, the user is responsible for re-configuring the system to stop the abuse.

Users are prohibited from intentionally or negligently injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Assigned Numbers Authority) or incorrect DNS information.

UCE/Spamming/Mail bombing

A User may not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient. Any unsolicited commercial e-mail messages or a series of unsolicited commercial e-mail messages or large attachments sent to one recipient constitutes Unsolicited Commercial E-mail “UCE” and is prohibited. In addition, “spamming” or “mail bombing” is also prohibited. Use of the service of another provider to send UCE, spam or mail bombs, to promote a site hosted on or connected to the Grid4 network, is similarly prohibited. Likewise, you may not use the Service to collect responses from mass unsolicited e-mail messages.

Spoofing/Fraud

A User may not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify a User’s identity in connection with use of the Service is prohibited.

E-Mail Relay

Any use of another party’s electronic mail server to relay e-mail without express permission from such other party is prohibited.

USENET Postings

All postings to USENET groups must comply with that group’s charter and other policies. Users are prohibited from cross posting to unrelated news groups or to any news groups where the post does not meet that group’s charter. Continued posting of off-topic messages, including commercial messages (unless specifically invited by charter), is prohibited. Disrupting newsgroups with materials, postings, or activities that are (as determined by Grid4 in its sole discretion) frivolous, unlawful, obscene, threatening, abusive, libelous, hateful, excessive, or repetitious, unless such materials or activities are expressly allowed or encouraged under the newsgroup’s name, FAQ, or charter.

Illegal Activity

Users agree to use the Service only for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. In those instances involving child pornography, Grid4 complies with all applicable Federal or State laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.

Other Prohibited Activities

• The following activities are also prohibited:
• Attempting to intercept, redirect, or otherwise interfere with communications intended for others.
• Intentionally transmitting files containing a computer virus or corrupted data.
• Resale of Grid4’s services or products, unless expressly authorized in a separate written agreement with Grid4.
• Harassment, whether through language, frequency, or size of messages.
• Furnishing false or incorrect data to Grid4 on written or online applications, contracts, or other materials or information provided to Grid4, including fraudulent use of credit card numbers or “bill to” telephone numbers.
• Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of Grid4’s services.
• Any other inappropriate activity or abuse of the Service (as determined by us in our sole discretion), whether or not specifically listed in these Policies, may result in suspension or termination of the User’s access to and use of the Service.

Cooperation with Investigations

We will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Grid4 reserves the right to disclose customer information to the extent authorized by federal surveillance statutes.

Privacy

Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our Online Privacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.”

Modifications

Grid4 reserves the right to modify this Acceptable Use Policy at any time without notice. In most cases, we will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Policies on our Web site.

Excessive Usage

If we have specified bandwidth limitations for your user account, use of the Service shall not be in excess of those limitations.

Restrictions on Use of Account

It is your responsibility to keep your password secure. A User may not share your password or user account with any other party. A User may not resell or lease the Service or any portion thereof. A User may not log-on to more than one user session at a time. A User may not offer any public information service via the Service (including running a Web server or FTP server).

Transfer of Account

A User may not transfer your account to anyone without our prior written consent.

Mail Server Filters

The use of Grid4’network and services to send email through external third party servers is prohibited. You are responsible for ensuring that all persons accessing or using the services comply with the Acceptable Use Policy.

If you become aware of any violation of these Policies by any person, including Users that have accessed the Service through your account, please notify us. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation these Policies by your Users of the Service. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.

Please select this link for information relating to the Interim Designation of Agent to Receive Notification of Claimed Infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C., Section 512(c).

Please select this link for information relating to the USA Patriot Act of 2001 http://www.usdoj.gov/criminal/cybercrime/PatriotAct.htm

LEGAL Additional Terms and Conditions

The use of the Grid4 Network by a customer of Grid4 is subject to the terms and conditions of any agreements entered into by such customer with Grid4. This Acceptable Use Policy is incorporated into such agreements by reference.

Limitation of Liability

GRID4 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GRID4 SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN GRID4 AND ITS CUSTOMER. GRID4 MAKES NO WARRANTIES OR REPRESENTATIONS HEREIN, EITHER EXPRESS OR IMPLIED, CONCERNING THE GRID4 NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW. COMPLAINTS AND CONTACT INFORMATION FOR GRID4 CUSTOMERS.

Any complaints regarding prohibited use or other abuse of the Grid4 Network, including violations of this Acceptable Use Policy, should be sent via e-mail to Grid4. Please include all applicable information that will assist Grid4 in investigating the complaint, including all applicable header lines of forwarded messages.

Sites experiencing live attacks from Grid4 customers should call into our Customer Care Center (telephone 888 GRID 444) to submit a complaint as quickly as possible. Describe the urgency of the situation should you need immediate attention. If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to Grid4 at: corporate@grid4.com subject line: Incident Report AUP