Exchange3G Acceptable Use Policy

Purpose of the Acceptable Use Policy

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Exchange3G. These policies have been created to ensure that any one client's behavior does not negatively impact the service level we provide to all of our clients. This is how we are able to maintain such a high SLA. If you engage in any of the activities prohibited by this AUP document, Exchange3G may suspend or terminate your account.

Exchange3G's Acceptable Use Policy (the "Policy") for Exchange3G services is designed to help protect Exchange3G, Exchange3G's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Exchange3G. Exchange3G reserves the right to modify the Policy at any time, effective upon posting at http://www.exchange3g.com/static/acceptable-use-policy

Prohibited Uses of Exchange3G Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Exchange3G's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Exchange3G's servers, is prohibited. Exchange3G accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Exchange3 customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Exchange3G-hosted domain, or referencing any Exchange3G account, is expressly prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROSKO) database at http:// www.spamhaus.org

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Exchange3G customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Exchange3G network or on another provider's network.

10. Using Exchange3G's Services to interfere with the use of the Exchange3G network by other customers or authorized users.

Customer Responsibility for Customer's Users

Each Exchange3G customer is responsible for the activities of its users and, by accepting service from Exchange3G, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Exchange3G customer will be forwarded to the Exchange3G customer's postmaster for action. If violations of the Exchange3G Acceptable Use Policy occur, Exchange3G reserves the right to terminate services with or take action to stop the offending customer from violating Exchange3G's AUP as Exchange3G deems appropriate, without notice.

The purpose of this Acceptable Use Policy is to enhance the quality of the Services and to protect Exchange3G customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Exchange3G. Each User should use common sense and good judgment in connection with the Services.

Prohibited Uses

A. Utilize the Services to send mass unsolicited e-mail to third parties.

B. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.

(ii) Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.

(iii) Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law.

(iv) Utilize the Services in any manner that violates applicable law.

C. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person.

(ii) Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

D. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to cause denial of service attacks against Exchange3G or other network hosts or Internet users or to otherwise degrade or impair the operation of Exchange3G servers and facilities or the servers and facilities of other network hosts or Internet users.

(ii) Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Exchange3G systems, facilities or equipment.

(iii) Utilize the Services to gain unauthorized access to the computer networks of Exchange3G or any other person.

(iv) Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.

(v) Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailer or Internet nicknames).

(vi) Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.

(vii) Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).

(viii) Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

(ix) Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

(x) Exchange3G has no restrictions on contents. Adult materials, MP3s, games, and audio/video streaming are permitted. However, customers are strictly prohibited from using egg-drops, IRC bots, warez materials and shell hosting services on Exchange3G regular network. IRC BOT controllers are not allowed on both networks.

(xi) Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

Violations

Exchange3G expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Exchange3G has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site. Exchange3G reserve the right to levy a penalty fee of $10.00 per violation of the Acceptable Use Policy and Service Agreement.

A. Reporting Non-Copyright Violations. Exchange3G encourages Users to report violations of this policy by e-mail to: abuse@exchange3g.com, including in any such report the name of the offending domain and the type of abuse (i.e. spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

B. Reporting Copyright Violations. Exchange3G complies with the Digital Millennium Copyright Act ("DMCA"). Exchange3G encourages Users to report an alleged copyright infringement involving a user by sending a notice to: abuse@exchange3g.com

C. If Exchange3G learns of a violation of this Policy, we will respond to the customer and may, in our sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

(i) Warning the Customer.

(ii) Suspending the offending Customer from the Services.

(iii) Terminating the offending Customer from the Services.

(iv) Imposing fees or charges on the offending Customer account in accordance with the applicable service contract.

(v) Removing the offending content.

(vi) Taking other action in accordance with this Policy, the applicable service contract or applicable law.

D. Each customer is required to utilize available network bandwidth so as to allow for reasonable network performance by all Exchange3G users. Because bandwidth is a shared resource, excessive consumption of network bandwidth can interfere with or completely prevent normal network performance for other servers. Persistent, high-volume use of bandwidth-intensive tools and applications can and does prevent other users from being able to access the network. Each port is set at 10Mbps. Non un-metered servers that use 10Mbps for more than 20 minutes or longer and/or consistently causing performance problems will be disconnected from the network to prevent such activities from obstructing network access for other users. Customer will also be responsible for all fees related to excessive bandwidth usage of $0.50/1GB.

III) Reservation of Rights

Exchange3G reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Exchange3G Services, Customers and other Users. Exchange3G reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.