Acceptable Use Policy

During the term of the Agreement, Owner shall abide by this Acceptable Use Policy (collectively, the "Policy") in the course of its use of the Hosting Services provided pursuant to the Agreement. This Policy is designed as a guideline and is not exhaustive, and this Policy may be modified by Host from time to time, which modifications shall be immediately effective upon posting on Host's web site.

The Hosting Services allow Owner to develop, publish, and display a web site, store data in a database, send and receive e-mail messages, maintain a bulletin board through which Owner can interact with the Internet users or other systems, and/or transmit, post, store, send and retrieve various information.

Host does not monitor or censor the information Owner makes available or collect through the use of the Hosting Services with the exception of systems and network resources monitoring. However, Host will act upon any violations of this Policy when such are discovered during regular monitoring processes or reported to Host. Host expects Owner, and all other users of the Hosting Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette.

As consideration for Host's provision of the Hosting Services, Owner agrees to abide by the following provisions relating to the acceptable use of its account.

Host reserves the right in its sole discretion to:

• Revise this Policy, which revisions shall be posted at Host's web site; and
• Conduct periodic reviews of Owner's web site content, whereupon Host may take immediate corrective action if it becomes aware of any possible violation by Owner of the terms of the Agreement or Policies (as defined therein), including this Acceptable Use Policy. First violations may result in Host taking the web site offline until the content complies fully with the Agreement and Policies. Second and subsequent violations may result in termination of Owner's account and deletion of its web site from Host's servers, if Host deems such action necessary or appropriate.
• Remove any content for any reason, including but not limited to, Owner's violation of any conditions of this Policy.
• The foregoing notwithstanding, Host's right to enforce the Agreement or Policies, and Host's right to remove inappropriate content under this Policy, shall not place an obligation on Host to monitor or exert editorial control over the content of Owner's account.

Owner agrees not to use or allow access to the Hosting Services to:

1. Subject Host to unfavorable regulatory action, to any liability for any reason, or adversely affect Host's public image, reputation or goodwill, including without limitation sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Host in its sole discretion.
2. Create or maintain software download or distribution sites or sites created for the purpose of mass distribution of software products. A software distribution site is defined as a site on which 50% or more of total bandwidth (data transfer) is used for programs or binary code downloads.
3. Create or maintain sites that generate system errors or exceptions that disrupt servers' performance or cause server-wide outages. This includes overriding or avoiding system settings and restrictions imposed by the terms of Services.
4. Create or maintain sites that consume thirty-five percent or more of CPU capacity or use two hundred megabytes of memory, both physical and virtual combined, on the hosting server.
5. Exceed allowed bandwidth by transferring amounts of data greater than allowed by the terms of the Agreement or the Hosting Services described therein.
6. Traffic in illegal drugs, illegal gambling, or any other goods or services that are prohibited by applicable law, or otherwise violate any applicable laws, regulations, or other provisions having the force of law, either intentionally or unintentionally.
7. Export encryption software to points outside the United States in violation of applicable export control laws.
8. Impersonate any person or entity or falsely state or otherwise misrepresent Owner's affiliation with a person or entity.
9. Employ misleading e-mail addresses or falsify information in any part of any communication.
10. Upload, transmit, disseminate, post, store or post links to any of the following types of content:
• Prohibited from transmitting or posting by law, or by contractual or fiduciary relationship;
• Facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
• Falsifies origin by forging TCP/IP packet headers, e-mail headers, or any part of a message header, unauthorized monitoring of data or traffic;
• Interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack, or any other means resulting in a crash of a host either deliberately or by negligence;
• Infringes or contributes to any infringement of any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party;
• Is or may be considered unsolicited or unauthorized advertising, promotional materials, or any junk mail, spam, spamvertisements, make money fast schemes, chain letters, pyramid schemes, or any other form of solicitation;
• Contains viruses, worms, Trojan horses, time bombs, trap doors, or any other computer code, files, or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Is slanderous, libelous or defamatory, or publicizes the personal information or likeness of a person without that person's written consent, or otherwise violates the privacy rights of any person;
• Is threatening, or includes harassing or abusive statements or messages, or solicits the performance of acts or services that are illegal under applicable law;
• Is unlawful tortious, vulgar, or obscene;
• Is of adult nature, pornographic, or harmful to minors;
• Promotes illegal activity, including providing instructions for illegal activity, or transmitting, disseminating or offering fraudulent goods, services, schemes or promotions, or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services including use of credit card numbers.
• Exploits the images of children or discloses personally identifiable information belonging to children. If Host determines that Owner have violated the terms of this Acceptable Use Policy, that determination, made at Host's sole discretion, is grounds for immediate termination of Owner's account without notice or penalty to Host.