Acceptable Use Policy

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1 Acceptable Use Policy Purpose and Scope - The policies set forth in the Acceptable Use Policy are, in part, to help protect Peak 10, Inc. (Peak 10) customers from the consequences of malicious users or attacks on the Peak 10 resources. When a customer is a victim of Internet abuse, Peak 10 will do what we can to help them direct their complaint to the proper reporting agency or initiator within a Peak 10 Data Center. If the complaint is against a Peak 10 customer we will take appropriate action in accordance with the policies set forth in this document. General Conduct - The Peak 10 network must be used in a manner that is consistent with the intended purpose of the Peak 10 network and may be used only for lawful purposes. Customers shall not use the Peak 10 network in order to transmit, distribute or store material that is: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that may expose Peak 10 to criminal or civil liability. Customers are further prohibited from assisting any other person in violating any part of this Policy. Responsibility for Content - Peak 10 takes no responsibility for any material created or accessible on or through the Peak 10 network unless caused by Peak 10 s negligence or gross misconduct. Peak 10 is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Peak 10 becomes aware that any such material may materially violate this Policy and/or expose Peak 10 to civil or criminal liability, Peak 10 reserves the right to block access to such material and suspend or, after expiration of a thirty day (30) cure period, terminate any Customer creating, storing or disseminating such material. Peak 10 further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Customer that Peak 10 deems responsible for the wrongdoing. Inappropriate Content - Customers shall not use the Peak 10 network to transmit, distribute or store material that is inappropriate, as reasonably determined by Peak 10. Without limiting the general application of this rule, Users may not: Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; Utilize the Services to traffic in illegal drugs, illegal gambling, obscene or materials or other any other materials, products or services that are prohibited under applicable law; Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or Utilize the Services in any manner that violates applicable law.

2 Intellectual Property - Material accessible through the Peak 10 network may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Customers shall not use the Peak 10 network in any manner that would infringe, violate, dilute or misappropriate any such rights. If you use a domain name in connection with any of the Peak 10 network, you must not use that domain name in violation of the trademark, service mark, or similar rights of any third party. Harmful Content - Customers shall not knowingly use the Peak 10 network to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the Peak 10 network, any other network or equipment, or other Users. Fraudulent/Misleading Content - Customers shall not knowingly use the Peak 10 network to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Customers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards. Unsolicited Messages - Customers may not send unsolicited messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"), including, without limitation, actions such as using an account on Peak 10's network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the Peak 10 network. In addition, Customers may not use the Peak 10 network in order to (a) send messages which are excessive and/or intended to harass or annoy others, (b) continue to send e- mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send with forged TCP/IP packet header information, (d) send malicious , including, without limitation, "mailbombing", (e) send or receive messages in a manner that violates the use policies of any other internet service provider, or (f) use an box exclusively as a storage space for data. An message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relationship; or (3) who has requested that the sender not send them any further messages. For more information regarding policy on Electronic Mail see Peak-10 Acceptable Use Policy on Electronic Mail. Third Party Rules; Usenet - Customers may have access through the Peak 10 network 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. Customers must adhere to any such rules, guidelines, or agreements. Customers who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of

3 such newsgroups and complying therewith. Regardless of such policies, Customers may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "Usenet spam"), (b) cancel or supersede posts not originally posted by such Customer, unless such Customer does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters. System and Network Security - Customers are prohibited from violating or attempting to violate the security of the Peak 10 network, including, without limitation, (a) accessing data not intended for such Customer or logging into a server or account which such Customer is not authorized to access, (b) impersonating Peak 10 personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any or newsgroup posting, (f) taking any action in order to obtain services to which such Customer is not entitled, or (g) attempting to utilize another User's account name or persona without authorization from that User. Customers are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Peak 10 services. Violations of system or network security may result in civil or criminal liability. Peak 10 will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers who are involved in such violations. System and Network Performance Peak 10 Customers are prohibited from taking any action, intentional or unintentional, which will negatively impact a multitenant environment, such as cloud or network services, as a whole. Should Peak 10 discover an overall negative impact from an individual Customer s actions, Peak 10 will make reasonable attempts to discuss the situation with the affecting Customer and take appropriate and agreed upon steps to resolve. If such attempts are not successful, Peak 10 will act in accordance with the Suspension and Termination of Services portion of this Acceptable Use Policy. Suspension and Termination of Service - Any Customer which Peak 10 determines to have materially violateds any element of this Acceptable Use Policy may be subject to a suspension or, after expiration of a thirty (30) day cure period, termination of service, and if Peak 10 deems it necessary, immediate suspension or termination of such Customer's service in accordance with the Customer s Master Service Agreement. Peak 10 may take such further action as Peak 10 determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Peak 10 shall not be liable for any damages of any nature suffered by any Customer, User, or any

4 third party resulting in whole or in part from Peak 10's exercise of its rights under this Acceptable Use Policy. Peak 10 reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when posted to Peak 10 s Web site or provided to the Customer directly. Specific Provisions PROHIBITION OF TRANSMISSION OF UNSOLICITED ELECTRONIC MAIL- An initiator (and the agents or assigns of the initiator) may not send unsolicited electronic mail messages, including, without limitation, bulk advertising or informational announcements. An message will be considered unsolicited if it is sent to a recipient with whom the sender does not have an existing business or personal relationship that (1) has not expressly requested or invited it; or (2) who has requested that the sender not send them any further messages. PROHIBITION OF USE - Customers may not use the Peak 10 network in order to: send solicited or unsolicited electronic mail messages which are intended to harass others in violation of applicable law, send electronic mail messages with forged TCP/IP packet header information, send malicious electronic mail messages, including, without limitation, "mailbombing", use a Peak 10 service box exclusively as a storage space for data. INCLUSION OF RETURN ADDRESS IN ELECTRONIC MAIL For bulk s sent to a mailing list, it shall be deemed an AUP Violation for any initiator (and the agents or assigns of the initiator) to initiate the transmission of an electronic mail message to any recipient unless such message contains a valid Reply to: electronic mail address, conspicuously displayed, to which a recipient may send a reply indicating a desire not to receive any further messages. Furthermore, for bulk s sent to a mailing list, it shall be deemed an AUP Violation if, following a request for removal, the recipient is not removed from any lists possessed by the initiator (and the agents or assigns of the initiator) after the expiration of a reasonable period of time as defined in Acceptable Use Policy Enforcement Enforcement of Notification Terms. PROHIBITION OF TRANSMISSION OF ELECTRONIC MAIL AFTER OBJECTION For bulk sent to a mailing list, once an recipient has made a request to the initiator (or the agents or assigns of the initiator) to be removed from any or all distribution lists under the control of such initiator (and the agents or assigns of the initiator), it shall be deemed an AUP Violation for the initiator (or agents or assigns of the initiator) to send any electronic mail message to the recipient after the expiration of a reasonable period of time for removal from such lists. INCLUSION OF IDENTIFIER AND OPT-OUT/IN ON ELECTRONIC MAIL - For bulk sent to a mailing list, it shall be deemed an AUP Violation for any initiator (and the agents or assigns of the

5 initiator) to initiate the transmission of any electronic mail message to any recipient unless the message provides, in a manner that is clear and conspicuous to the recipient: initiators (and the agents or assigns of the initiator) shall utilize opt in or double opt in rules to engage recipients for distribution of electronic mailings and display in a clear and conspicuous manner any pre-selected options to receive solicited electronic mail or electronic communications; upon receipt of electronic or electronic communications the identification that the message is a solicited electronic mail message; and notice of the opportunity, under Acceptable Use Policy on Electronic Mail Prohibition of Transmission of Electronic Mail after Objection, not to receive further solicited electronic mail messages from the initiator. ENFORCEMENT OF POLICIES BY INTERNET SERVICE PROVIDERS OR OTHER RESELLERS OF PEAK 10 BANDWIDTH - PROHIBITION OF TRANSMISSIONS IN VIOLATION OF POSTED POLICY - It shall be deemed an AUP Violation for any initiator (and the agents or assigns of the initiator) to transmit an electronic mail message to any recipient in violation of any policy governing the use of the equipment of a provider of Internet access service for transmission, including SMTP Relay Service. REQUIREMENTS FOR ENFORCEABILITY - In order for an Internet provider s (or other reseller of Peak 10 bandwidth) policies to be enforceable by Peak 10, the policies must meet the following: Clarity - The policy shall explicitly provide that compliance with a rule or set of rules is a condition of use of the equipment of a provider of Internet access service to deliver electronic mail messages. Public Availability - The policy shall be publicly available by at least one of the following methods: Web Posting - The policy is clearly and conspicuously posted on a World Wide Web site of the provider of Internet access service, which has an Internet domain name that is identical to the Internet domain name of the electronic mail address to which the rule or set of rules applies. Notification in Compliance with Technological Standard - Such policy is made publicly available by the provider of Internet access service in accordance with a technological standard adopted and recognized by Peak 10 by rule as a fair standard. Internal Opt-Out List - If the policy of a provider of Internet access service requires compensation specifically for the transmission of electronic mail messages into its system, the provider shall provide an option to its subscribers not to receive any electronic mail messages, except that such

6 option is not required for any subscriber who has agreed to receive electronic mail messages in exchange for discounted or free Internet access service. OTHER ENFORCEMENT - Nothing in this Policy shall be construed to prevent or limit, in any way, a provider of Internet access service from enforcing, pursuant to any remedy available under any other provision of Federal, State, or local criminal or civil law, a policy regarding electronic mail messages. PROTECTION GOOD FAITH EFFORTS TO BLOCK TRANSMISSIONS - Peak 10 shall not be held liable under any Federal, State, or local civil or criminal law, for any action it takes in good faith to block the transmission or receipt of electronic mail messages or suspension due to non-compliance to the polices outlined in Acceptable Use Policy on Electronic Mail. INNOCENT RETRANSMISSION - Peak 10 and the facilities which are used to handle, transmit, retransmit, or relay an electronic mail message transmitted in violation of subsections defining acceptable use shall not be liable for any harm resulting from the transmission or receipt of such message. Peak 10 may provide consent to the transmission or retransmission of electronic mail with actual knowledge that the transmission is prohibited by subsections defined in Acceptable Use Policy on Electronic Mail with written approval from the recipient and request of the initiator (and the agents or assigns of the initiator). How To Report a Violation. To report an AUP violation, please abuse@peak10.com.

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